Realities

A response to a letter from Kelly Scoles:

Hi again, Kelly:

I have to say your letter characterizing Judge Amy Coney Barrett as "...a justice who knows '"nuthin' 'bout nuthin." is a little unfair. After all, she graduated summa cum laude from Notre Dame, and her dean thinks well of her: "Marcus Cole, the law school’s dean, described Barrett as an “absolutely brilliant legal scholar and jurist. She is also one of the most popular teachers we have ever had here at Notre Dame Law School.”

And on a personal note, Cole said Barrett “is one of the most thoughtful, open-minded, considerate and kind people I have ever met. She lives a life of humility and grace, devoted to her family and community. Judge Barrett has served our nation with true distinction from the bench and would continue to do so if she were confirmed to serve on our nation’s highest court.”

Frankly, after observing the antics of Supreme Court Justices for the last 50 years, Amy Coney Barrett is nothing short of a judicial benediction. (Just a little jolt).

About those questions that she "couldn't answer". She, and every other nominee to the court must follow the "case or controversy rule": The Supreme Court first considered Article III's "case or controversy" limitation on the judicial power when President George Washington forwarded to the Court a request for guidance as to how best to maintain neutrality during an outbreak of hostilities between England and France,... Chief Justice Jay responded by informing the President that the Court was without power to help (the President had said he would be "much relieved" if the Court answered his questions). Jay said that the Constitution authorized the Court to interpret the law only in the context of a real case or controversy--it had no power to render an advisory opinion about the law."

No, I didn't remember this case, had to look it up. (Burned through a lot of words here.)

You mock Judge Barrett's "towering IQ"? But one doesn't come away with a summa by being dumb. One of her deans also commented that Barrett was "...the most brilliant student he had ever taught."

As for "originalism", a great book has just come out: "The Essential Scalia" on the Constitution, the Courts, and the Rule of Law." I was stunned to see the foreword was written by Justice Elena Kagan! Oh well, Justice Scalia was also a close personal friend of Justice Ruth Bader Ginsburg. I guess opposites can attract each other personally, and repel, professionally.

The word just stands for "original meaning", it's "not an attempt to get inside James Madison's head. Scalia is simply saying that, in a democracy, the standard of interpretation should be what the people who voted for the Constitution and its amendments understood the texts to mean when they voted." The Constitution should not "live" virus-like, to be shaped like nutty putty by liberal Justices to mean whatever they wish it to mean. That makes sense to me, like Scalia himself. And Barrett was Scalia's clerk. But it is really not a "brain-dead view" of interpreting our Constitution. It reins in constitutional cowboys who dream of halting climate change by their judicial fiat.

This issue has prompted a memory from years ago when I was invited to hear Justice Scalia speak at Thomas Aquinas Collage by a dear friend, the late Joseph Kern - may he rest in peace. It was a memorable honor.

As to "Kavanaughing" Barrett, Senator Mazie Hirono came close enough with her swinish sexual interrogation. What a pig she is. How can Hawaii be proud of that? And there was that sensational, washed-out liar, Christine Blasey Ford, who claimed (falsely under oath) a fear of flying, to avoid testifying in D.C. - though she regularly flies all over the world for fun. Like Mazie the Senator, her testimony was scurrilously mendacious, accompanied by that same offensive carnal scent.

You say "...she did not snivel and accuse the Senate Judiciary Committee of malice in their questions." Again, you allude to Justice Kavanaugh's defense of himself as "sniveling", against what is now established defamation per se? It was pure malice indeed that guided the Democratic senators during the Kavanaugh hearings - unprecedented, acidic malice.

God willing, and I think He is, Judge Amy Coney Barrett will soon be Justice Amy Coney Barrett of our Supreme Court. Welcome Justice Barrett, latest survivor of the Democratic Party acid bath confirmations. God bless you and your wonderful family.