NB:
https://apnews.com/article/donald-trump-amy-coney-barrett-us-supreme-court-courts-antonin-scalia-038ec1d4de30d1bd97a0ce3823903f0c#:~:text=Originalism%20is%20a%20term%20coined%20in%20the%201980s,the%20Founding%20Fathers%E2%80%99%20intentions%20in%20resolving%20legal%20disputes.
Originalism is a term coined in the 1980s to describe a judicial
philosophy focusing on the text of the Constitution and the Founding
Fathers’ intentions in resolving legal disputes. End excerpt.
Thus, "originalists" would agree with those SCOTUS decisions that
ultimately forced the Civil War upon the USA and the States that formed
the CSA, such as the Dred Scott decision. For an "originalist", the
only way to get around what was agreed upon as a compromise in the 1780s
that should be interpreted as though this was the same year as the
"Founders" is through the mechanism of explicit amendments to the
Constitution. The problem is this is not the 1780s. Biological
evolution is an established scientific reality. A static "dead"
Constitution cannot serve without some re-interpretation to meet current
needs. Will there be further changes beyond 2021? Yes, unless the USA
becomes a static government, in which case it will collapse -- there are
too many dynamic changes for a 1780s view to work today in all
circumstances. Jefferson's Wall of Separation? Absolutely needed.
Unlimited wealth accumulation by a very small fraction of the total
population? Absolutely not. Unlimited resources due to conquest
(Manifest Destiny)? Absolutely not. The ERA, even if it could not get
ratified by the deadline? Absolutely yes.
End NB.
https://news.yahoo.com/justice-amy-coney-barrett-argues-011107683.html
USA TODAY
Justice Amy Coney Barrett argues Supreme Court isn't 'a bunch of
partisan hacks'
Mary Ramsey, Louisville Courier Journal
Sun, September 12, 2021, 6:11 PM
LOUISVILLE, Ky. — In the wake of a controversial decision on abortion
rights, U.S. Supreme Court Justice Amy Coney Barrett told a crowd of
more than 100 here that she doesn't believe the highest court in the
land is politically driven.
“My goal today is to convince you that this court is not comprised of a
bunch of partisan hacks,” she told the guests at a Sunday celebration of
the 30th anniversary of the opening of the McConnell Center at the
University of Louisville.
Barrett, who was appointed to the U.S. Supreme Court in 2020, spent much
of her talk at the Seelbach Hilton Hotel arguing the court is defined by
"judicial philosophies" rather than personal political views.
"Judicial philosophies are not the same as political parties," she said,
noting that she identifies as an "originalist" and citing fellow Justice
Stephen Breyer as an example of the other main school of thought,
"pragmatism."
Barrett cited a number of cases in which the nine justices on the court
did not rule along "party lines" — meaning each justice appointed by
Republican voting together and each justice appointed by a Democrat
doing the same.
"The media, along with hot takes on Twitter, report the results and
decisions. … That makes the decision seem results-oriented. It leaves
the reader to judge whether the court was right or wrong, based on
whether she liked the results of the decision," Barrett said.
"And here's the thing: Sometimes, I don't like the results of my
decisions. But it's not my job to decide cases based on the outcome I want."
Related: With Texas law upheld for now, here's how Kentucky lawmakers
have limited abortion
'Near-total ban': Texas doctors, women assess nation's strictest
abortion law
Sen. Mitch McConnell, R-Ky., was in attendance at the event — in
addition to Kentucky Secretary of State Michael Adams, U of L President
Neeli Bendapudi and others — and introduced Barrett.
He praised the court's most junior justice for not trying to "legislate
from the bench" and for being from "Middle America," noting the Indiana
native is the only current justice to not attend Harvard or Yale.
Kentucky's senior senator was Senate majority leader at the time of
Barrett's appointment, the third time Republican President Donald Trump
filled a seat on the Supreme Court.
McConnell faced criticism from Democrats for his handling of judicial
vacancies during his time running the Senate, and that was a focus of
many of the protesters who gathered outside Sunday's event.
"I'm aware that they stay in power through unethical and unscrupulous
means. … I'm just tired of it," said a woman dressed like a handmaiden
from "The Handmaid's Tale" series, who declined to give her name.
Related: Planned Parenthood protests Texas abortion law outside Sen.
Mitch McConnell's home
U.S. Supreme Court Associate Justice Amy Coney Barrett made remarks
during a lecture at the McConnell Center held at the Seelbach Hotel in
Louisville, Ky. on Sep. 12, 2021. U.S. Sen. Mitch McConnell looked on at
right.
U.S. Supreme Court Associate Justice Amy Coney Barrett made remarks
during a lecture at the McConnell Center held at the Seelbach Hotel in
Louisville, Ky. on Sep. 12, 2021. U.S. Sen. Mitch McConnell looked on at
right.
The court's recent decision to deny an emergency appeal to block a Texas
law banning abortion after a fetal heartbeat can be detected, virtually
outlawing the procedure because most don't know they're pregnant before
that point, was another point of contention with the group of about 30
protesters outside the event.
"With what's been happening in Texas, I don't want it to spread to
Kentucky. … And so, we're just coming to let Mitch know how a lot of
citizens feel about this issue," Jane Martin Buckley, of Louisville, said.
Barrett was asked about the decision and the so-called "shadow docket"
by a group of students in the McConnell Scholars program during the
event but said "emergency" decisions such as this one can come before
the court again, so it would be "inappropriate" for her to comment on
the case.
McConnell founded the center bearing his name in 1991. It gives U of L
scholarships to students around Kentucky, hosts a public speaker series
and houses the archives of McConnell and his wife, Elaine Chao, the
former U.S. transportation secretary.
