Magazine November 16, 2020, Issue

Origin Stories

Senator Ed Markey (D., Mass.) during a hearing on Capitol Hill in 2019 (Joshua Roberts/Reuters)
Democrats distort a judicial philosophy

As Judge Amy Coney Barrett was testifying before the Senate Judiciary Committee, many liberals thought they had found the perfect riposte to her. Hillary Clinton tweeted, “At the time the Con­stitution was adopted, women couldn’t vote, much less be judges.” More than 250,000 people hit their “like” buttons. Dan Rather suggested that applying originalism in law, like using “an old mule for transportation,” entails denying that “the world changes.” Senator Ed Markey (D., Mass.) pithily summed up why he was voting no: “Originalism is racist. Originalism is sexist. Originalism is homophobic.” It invites us to “go back in time.”

Conservatives scoffed

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Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg Opinion, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

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Biden said he would appoint a bipartisan commission to study Court-packing and other changes to the courts.

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