Too Close for Comfort: Thank God Trump Appointed Justice Barrett
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It wasn’t too long ago that Ruth Bader Ginsburg passed away, causing chaos from the left that ranged from hysterical tears of fear from TikTok users to leaders in the Senate threatening to flip our judicial system on its head.
Some Republican voters were leery of pushing through Amy Coney Barrett so quickly before an election. A few prominent conservatives even made the case that Republicans should strike a deal with Democrats: “We won’t confirm a judge if you promise not to pack the courts.”
This was always a silly bargain that newly elected senators would have no obligation to meet, just as Senator Mitt Romney pointed out he had no part in Merrick Garland never receiving a confirmation hearing.
Other critics said it would set a dangerous precedent, but it wasn’t one at all. Many said it was too fast, but other appointments were done quickly, including Ginsburg’s. Commentators complained it was a pure power move, but it was a power well within the right of President Trump, who still remains president for now. Even if he waited until after the election, Trump would still be within his constitutional authority to choose a Supreme Court Justice.
The hearing went on, and Barrett proved to her haters that she was more than capable of handling the job.
But it would be a nightmare if Americans were dealing with Barrett’s confirmation hearings while Trump contested the results of the 2020 election in courts, and I argued that a full court may be needed to rule on the results of the election. This is looking to be the case.
More importantly, Barrett’s first case was a First Amendment dispute, and the Constitution won by the slim margin of 5-4. Any Democrats who argued conservatives gained a huge margin of victory of 5-4 when she was confirmed isn’t paying attention. Chief Justice Roberts simply isn’t reliable.
Governor Andrew Cuomo issued restrictions on places of worship that were not distributed evenly compared to secular places. For example, if a church had the capability to seat 1,000 worshipers, it was still capped at 25. Hardware stores, acupuncturists, liquor stores, and bike shops weren’t imposed with the same restrictions. Government officials also have shown to be inconsistent with their concern of gatherings when it comes to protests, celebrations of Joe Biden’s apparent election victory, and events with celebrities like MTV’s Music Video Award Show, and Macy’s Thanksgiving Parade.
Though Governor Cuomo withdrew his restrictions—right before going to the Supreme Court, lawyers made the case that Cuomo could possibly make a ruling restricting them once the suit was dropped. The Roman Catholic Diocese of Brooklyn, two synagogues, an Orthodox Jewish organization, and two individuals were part of the suit.
Chief Justice Roberts agreed numerical capacities seemed “unduly restrictive,” yet he didn’t think it was worth ruling on this issue at this time.
But it is within our time of crisis that Americans should be able to fall back on the strength of our constitutional rights. If we’re so quick to surrender our freedoms in times of trouble, such as our right to assemble together or to freely practice our religion, what will happen if a more critical circumstance arises? How much power will the government try to seize next time?
Justice Sonia Sotomayor’s opinion was inconsistent. She said states may not discriminate, “even when faced with a crisis as deadly as this one.” But then she went on to say, “those principles are not at stake today.”
The liberal justices have chosen to reject the idea that religious institutions have been discriminated against, even though Mayor Bill DeBlasio and Governor Cuomo have called out the Jewish community.
Sotomayor also made a point to say “the Constitution does not forbid states” from treating religious institutions differently, “particularly when those regulations save lives.”
It certainly sounds like Justice Sotomayor is giving permission for religious discrimination, and it’s easier to have that opinion when you turn a blind eye toward it.
The degree to how much Governor Cuomo is “saving lives” is also debatable. Cuomo admitted in a private conversation a few months ago that policies the Jewish community is at odds with, are created out of fear, which he admitted wasn’t “the best way to do it.”
Americans are being told constantly to “listen to the experts,” but what happens when the experts are wrong? Their opinions are evolving based on new information, and they’re just as flawed as any other human being. What happens when they pass along information to elected officials and give, what Cuomo admitted on behalf of DeBlasio, was a “fear-driven response?”
That is precisely why our constitution must stand and be the line of defense for Americans. The role of the government is to protect the rights of the governed, and in order to function, they need the consent of the governed. The role of the Supreme Court is to interpret the law. Chief Justice Roberts said, “it is a significant matter to override determinations made by public health officials concerning what is necessary for public safety in the midst of a deadly pandemic.” But if public officials are trampling over the First Amendment rights of Americans, shouldn’t that be the priority of the court? They are meant to be a check and help balance the system, not rubberstamp their authoritative behavior.
Justice Neil Gorsuch wrote a strong opinion on the winning side. “It is time — past time — to make plain that, while the pandemic poses many grave challenges, there is no world in which the Constitution tolerates color-coded executive edicts that reopen liquor stores and bike shops but shutter churches, synagogues and mosques.”
This ruling was far too close. All of the judges should have been on the side of the Constitution and the protection of religious liberty.
If President Trump hadn’t acted so decisively and appointed Justice Barrett, the Supreme Court would have ruled against protecting religious liberty. I’m certain there will be rulings to grumble about in the future, but for right now, I’m thankful for Justice Gorsuch’s, Justice Brett Kavanaugh’s, and Justice Barrett’s confirmations during Trump’s administration.
“She was accused of murder after losing her pregnancy. SC woman now tells her story.” After reading this CNN headline, would you guess that Amari Marsh went through early labor—likely due to her chlamydia infection—and was charged because she didn’t remove her live child from the toilet after 911 dispatchers told her to? Probably not.