One of the most consequential decisions a president can make is appointing justices to the U.S. Supreme Court. The passing of Justice Ruth Bader Ginsburg on September 18, 2020, opened the door for President Trump to nominate someone to fill the vacancy. On Saturday, Trump nominated Judge Amy Coney Barrett to the U.S. Supreme Court. Barrett is currently a circuit judge of the 7th U.S. Circuit Court of Appeals.
The president couldn’t have chosen a better nominee for the Supreme Court. Barrett is a former professor at multiple universities including Notre Dame Law School and The George Washington University Law School. From 1998-1999, Barrett clerked for the late Justice Antonin Scalia.
Barrett’s record is one of appreciation and loyalty to the Constitution and rule of law. For far too long, our country has operated under the rule of judges who don’t respect either the Constitution or the law. Judges who don’t rule according to the original intent and text of the law will find themselves legislating from the bench.
In one of her 2013 writings, Barrett stated regarding original intent, “I tend to agree with those who say that a justice’s duty is to the Constitution and that it is thus more legitimate for her to enforce her best understanding of the Constitution rather than a precedent she thinks clearly in conflict with it.”
Two landmark cases, among many, that were wrongly decided yet are still binding is Roe v. Wade and Obergefell v. Hodges.
Roe v. Wade (1973) is a case involving the question of whether a woman should be allowed to kill her baby under the guise of the right to privacy. Unfortunately, and wrongly, the Supreme Court decided to allow this.
Obergefell v. Hodges (2015) is a case related to whether two individuals of the same sex can be legally married. The court wrongly decided to legalize same-sex marriage in all 50 states despite the fact that over 30 states had explicitly outlawed such contracts.
I highlight these two cases to emphasize the need for Supreme Court justices who will rule according to the original intent of our founders and the Constitution, as opposed to ruling based on cultural trends or one’s opinion – the standard by which these two cases noted above were decided.
I believe that Barrett’s nomination and hopeful confirmation will play a crucial role in overturning wrongly decided Supreme Court cases. I’m optimistic that we could see Roe v. Wade overturned within the next year or two.
Not only will Barrett make a lasting impact, but there is a short-term significance to her hopeful confirmation. Sen. Ted Cruz (R-TX) noted last week: A newly appointed justice could be the deciding vote on a case in which the 2020 national election is disputed. The last thing our country needs is a constitutional crisis stemming from a tied Supreme Court ruling (4-4) in the case of a potentially disputed election.
All in all, I give the president an A-plus on his nomination of Judge Amy Coney Barrett to the United States Supreme Court. Barrett will play a critical role in overturning decades of judicial malpractice that has ultimately harmed our country.
To the United States Senate, I say, confirm Barrett in an expedited fashion.
(Editor's note: This originally appeared in The Tupelo Daily Journal HERE, and the first paragraph was altered to state the exact date of RBG's passing. This was done with the author's permission.)
