The Corner

Law & the Courts

Whose Seat?

Amy Coney Barrett is confirmed. And I think there are two little things to say about it. The first is that we very likely have in Barrett the true successor to Antonin Scalia on the Court. Barrett clerked for Scalia and her articulation of his philosophy is probably the most faithful on the court. Justices Gorsuch and Kavanaugh have already proven to be different in their own ways. It only took President Trump the better part of four years and three tries to get to it.

Some of Barrett’s opponents and critics hate the idea of her being in “Ruth Bader Ginsburg’s seat.” But the individual justices don’t own their seats. And Ginsburg’s jurisprudence does not define the seat. Remember that Ginsburg filled a vacancy left by Byron White. And for those keeping score ideologically, Byron White was a dissent in the ruling in Roe versus Wade. If liberals can say that they have “lost” a seat, conservatives may just as well say that this is a seat that “reclaimed,” rather than a true advance.

This confirmation may be the last incoming tide of the Trump presidency for conservatives. But, I think instead of looking at the work that Senate leader Mitch McConnell and President Trump did on the judiciary as the crowning achievement of the conservative legal movement, it should instead be seen as a good start. The terms of American politics may begin to change, and the balance of this Court may change as the cases change. We may very well see a future Democratic president replace Justice Thomas or Alito.

Conservatives who are in other fields and endeavors — academia, media, and entertainment — might look to the conservative legal movement for lessons to adapt.

Most Popular

America Waits Out the Biden Era

Now that the post-electoral haze is clearing a little, and we see that the Democrats so skillfully arranged for massive ballot-harvesting electoral fraud in several swing states that their likely theft of the election may, in yet another demonstration of the atrophied condition of the American legal system, be ... Read More

America Waits Out the Biden Era

Now that the post-electoral haze is clearing a little, and we see that the Democrats so skillfully arranged for massive ballot-harvesting electoral fraud in several swing states that their likely theft of the election may, in yet another demonstration of the atrophied condition of the American legal system, be ... Read More
Business

The Climate Warriors are Eyeing Your Plate

The war on red meat, spearheaded by vegetarians (and then vegans) has been going on for years. More recently, the climate warriors have joined in. A decade or so ago, the idea that climate change might have been used as a justification for either banishing meat from the table — or repricing it so that it was ... Read More
Business

The Climate Warriors are Eyeing Your Plate

The war on red meat, spearheaded by vegetarians (and then vegans) has been going on for years. More recently, the climate warriors have joined in. A decade or so ago, the idea that climate change might have been used as a justification for either banishing meat from the table — or repricing it so that it was ... Read More

If You Like Your Police, You Can Keep Your Police

The most amusing thing about the Obama v. the Squad kerfuffle is that there is not actually an inch of substantive daylight between the supposed combatants. Former President Obama does not disagree with the sentiments or objectives of Ilhan Omar et al. He disagrees with their tactic of pursuing it through a ... Read More

If You Like Your Police, You Can Keep Your Police

The most amusing thing about the Obama v. the Squad kerfuffle is that there is not actually an inch of substantive daylight between the supposed combatants. Former President Obama does not disagree with the sentiments or objectives of Ilhan Omar et al. He disagrees with their tactic of pursuing it through a ... Read More