This weekend marks the 15th anniversary of the confirmation of Justice Samuel Alito.
He has been an eloquent voice for the Constitution over the last 15 years, and #SCOTUS has been better for it. (1/X)
#SCOTUS has never been more protective of religious freedom in its history. Justice Alito’s consistency and leadership on that issue made that possible. He wrote the Court’s opinions in Burwell v. Hobby Lobby (2014) & Our Lady of Guadalupe School v. Morrissey-Berru (2020). (2/X)
In Our Lady of Guadalupe, which held that courts can’t second-guess a religious school’s determination as to who should teach religion, the Court adopted the standard he laid out in his prescient concurrence eight years earlier in Hosanna-Tabor v. EEOC. (3/X)
Justice Alito has also been a defender of political speech under the First Amendment and the individual right to bear arms under the Second Amendment, the author of the Court’s opinion in McDonald v. Chicago (2010). (4/X)
He has opposed freewheeling policy choices under the guise of deciding cases—see his strong dissent last year in Bostock v. Clayton County. Equally important, he has consistently respected federalism and the separation of powers, without which our freedom would be in peril. (5/X)
So let’s toast Justice Alito on 15 years of faithfully defending the Constitution! 🥂
May the Court and country be blessed with 15 more years—and then some! (6/X)
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.@SenWhitehouse has anointed himself the unofficial arbiter on judicial independence and so called "captured courts"—or at least when it comes to judges appointed by Republican presidents. /1
But when his best friend, Rhode Island District Judge Jack McConnell, pens a partisan op-ed railing against DACA (litigation about which, by the way, is currently ongoing), it's nothing but crickets from Senator Whitehouse. /2
But if Joe Biden wins and the Democrats take the Senate on Election Day, we can be certain that they will make packing the Supreme Court a high priority. /2
If the Democrats succeed, they will pack the Court with liberal justices who will use the Court as a vehicle to implement their liberal policy positions.
Just like the Left wants, Supreme Court justices will look a lot more like politicians than judges. /3
This week, the country had the opportunity to get to know Judge Amy Coney Barrett.
They got to hear from Judge Barrett in her own words, and see firsthand what an incredible Supreme Court justice she will be. /1
Senate Democrats were relentless this week in their quest to get Judge Barrett to weigh in on their campaign issues, and signal how she would approach cases that might come before her. /2
But through hours of questioning, Judge Barrett proved herself to be unflappable. She was continually gracious and poised as she patiently explained that she could not, in the words of Justice Kagan, provide a "thumbs up or thumbs down" on Supreme Court cases as a nominee. /3
Like then-Judge Ruth Bader Ginsburg when she was nominated in 1993, Judge Barrett should decline to answer any questions about issues that may come before her on the Supreme Court. /1
Ginsburg famously said that a “judge sworn to decide impartially can offer no forecasts, no hints,” about how she would rule on a case, “for that would show not only disregard for the specifics of the particular case, it would display disdain for the entire judicial process.” /2
Since then, *every* Supreme Court nominee has applied what has become known as the “Ginsburg Standard.” /3
One after another today, Senate Democrats are claiming that Judge Barrett would strike down Obamacare and jeopardize healthcare for millions of Americans.
This is just a baseless and false attack. /1
It is absurd to suggest that Judge Barrett—a mother of seven children, one of whom has special needs—is insensitive to the healthcare needs of normal Americans. /2
Judge Barrett has *never* said that she would strike down Obamacare. /3