The Corner

Politics & Policy

Democrats’ Judicial Consequentialism Is on Display Today

Health care, with NFIB v. Sebelius as its avatar, and abortion, with both Roe v. Wade and Planned Parenthood v. Casey as its own, have been at the forefront of Democrats’ questioning of Amy Coney Barrett. As of 3:15 p.m., Dianne Feinstein, Patrick Leahy, Dick Durbin, Sheldon Whitehouse, Amy Klobuchar, and Chris Coons have had the opportunity to interrogate Barrett on her judicial views, including her academic criticism of Chief Justice John Roberts’s majority opinion in Sebelius. That’s a combined three hours of time. Several of them have noted her criticism of the opinion in Sebelius and suggested that Barrett would rule against the ACA in future cases. Feinstein gave a monologue about how important abortion rights are. Whitehouse made about as much sense as the typical InfoWars guest. None of them have even tried to explain why the majority opinions in SebeliusRoe, or Casey were well-reasoned. That pretty much says it all about the merits of those opinions and the Democrats’ judicial consequentialism.

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