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Ross: Judge Barrett says ‘originalists don’t always agree’

Supreme Court nominee Judge Amy Coney Barrett responds to questions before the Senate Judiciary Committee on the second day of her Supreme Court confirmation hearing on Capitol Hill on Oct. 13, 2020, in Washington, DC. (Bonnie Cash-Pool/Getty Images)

We know the president wants a Supreme Court that will overturn Roe v. Wade and Obamacare, but watching Judge Barrett’s testimony, I didn’t hear her pledge to do ANY of that.

She said, under oath, she has NO political agenda …

“I can assure you and the whole committee that I do not.”

But Dave, you say, she clerked for Judge Scalia – she’s an originalist like he was – guided by the meaning of the Constitution at the time it was ratified.

And yet here’s what she said:

“You would not be getting Justice Scalia, you would be getting Justice Barrett. And that’s so because originalists don’t always agree. … You know it’s not a mechanical exercise.”

“Originalists do not always agree.” Let THAT sink in. So apparently, some originalists are more correct than others.

Which should surprise no one. There are Bible originalists who have never sacrificed a ram, gun originalists who apply the rights defined in an age of muskets to a 60-round magazine, football originalists who have had to accept the concussion protocol …

Even the Roman Catholic Church, for all its originalism, has, in my lifetime: replaced Latin, turned the altar 180 degrees, and welcomed gay people. And no, it will never ordain women as priests, yet depends on them for everything else.

And so I get the distinct feeling that once ACB gets that lifetime appointment, she will NOT be bound by tweets. Unless they’re all caps.

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