I’ve got some news that you’re probably not going to like.
In fact, most of you are probably going to hate it because it goes against the Conservative grain…but it’s the truth nonetheless.
Here we go…
The Conservative judges appointed to their position by Donald Trump are NOT beholden to him or to Conservative viewpoints.
They’re beholden to the Constitution and the law.
While we’d like for them to be able to see the law through the eyes of a Conservative, they can’t. that’s not how this works.
A judge, especially a Supreme Court Justice, has to see issues through the blind eyes of justice. How they personally feel can’t always influence their judgments.
This fact has come to light recently, as Justice Amy Coney Barret is getting pushback from many Conservatives due to her recent “moderate” judgments on SCOTUS cases.
Those decisions have been shocking to many.
Justice Barrett was mentored by Conservative icon Justice Antonin Scalia, and many on the Right were excited to get another Conservative powerhouse on the Supreme Court after the passing of Justice Ruth Bader Ginsburg.
But that excitement is waning after some of Justice Barrett’s earliest rulings in which she sided with the Court’s more moderate jurists.
Justices Are Beholden To The Law And The Law ONLY
This difference was highlighted as Justice Barrett appeared to break with her mentor (for whom she once clerked) by joining the moderates and Liberals on the bench in REJECTING Donald Trump’s challenge to Pennsylvania’s election laws, as well as leaving some COVID-19 restrictions in place on houses of worship.
So far, she has cast votes in a few pivotal cases and, unfortunately, has aligned herself with moderate Chief Justice John G. Roberts and Justice Brett M. Kavanaugh more often than with conservatives like Justices Neil M. Gorsuch, Samuel A. Alito Jr. and Clarence Thomas.
And she’s getting flack for it.
Curt Levey, president of the Conservative Committee for Justice, said, “I’ve heard some conservatives express frustration — sort of lump her with Roberts and Kavanaugh.”
Roberts and Kavanaugh are getting a bum rap too…and it’s understandable.
When the Court declined to review the case Pennsylvania voting law, (a ruling Conservatives had been hoping would create a better standard for when and how state election laws can be altered) the staunch Conservative Justices—Alito, Thomas, and Gorsuch—all dissented. It would have taken just one more vote to bring the case up for review, which is why Justices Barrett, Kavanaugh, and Roberts are getting flack. They declined to toe the party line…but was that the right thing to do?
Should Judges Toe The Party Line? Absolutely NOT…
They can only interpret the law as they see it…
Their personal feelings have to be set aside if they’re truly going to do the job they were appointed to do.
Of course, these Justices might have an ulterior motive.
Maybe they don’t want to be seen as Trump’s lapdogs. Maybe Barrett and Kavanaugh (who both went through hell during their appointment hearings because they were appointed by Trump) don’t want the world to think that they’re going to agree with everything the Right says.
If that’s the case, it would be just as wrong as ruling based on their personal Conservative views
However…there’s a lesson to be learned for Conservatives.
Just because a judge leans to the Right doesn’t mean they have to or even SHOULD use their personal political views when making judgements.
The law should be their ONLY guide…
If you want them to do more, then you live in the wrong country, Jack.
Justice SHOULD be blind in America. The scales should be balanced…
And nothing but the facts and the law should be weighed.
“Justice consists not in being neutral between right and wrong, but finding out the right and upholding it, wherever found, against the wrong.” – Theodore Roosevelt