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.

In This Issue

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The Week

The Week

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

Most Popular

Elections

The Post-Election Madness Gets Worse

On the menu today: Two lawyers who aren’t formally on the president’s legal team but who keep filing lawsuits on his behalf tell Georgia Republicans to not vote in the Senate runoffs; Michael Flynn endorses a call for “limited martial law” and a “re-vote” of the presidential election; and the ... Read More
Elections

The Post-Election Madness Gets Worse

On the menu today: Two lawyers who aren’t formally on the president’s legal team but who keep filing lawsuits on his behalf tell Georgia Republicans to not vote in the Senate runoffs; Michael Flynn endorses a call for “limited martial law” and a “re-vote” of the presidential election; and the ... Read More
Politics & Policy

Biden’s Unhelpful Mask Stance

On the menu today: Joe Biden brings his own problems to the national stage, declaring that he wants Americans to wear masks until the end of his first 100 days in office -- well after the 100 million most vulnerable Americans will be vaccinated! -- and warns that the nation’s death toll from the pandemic will ... Read More
Politics & Policy

Biden’s Unhelpful Mask Stance

On the menu today: Joe Biden brings his own problems to the national stage, declaring that he wants Americans to wear masks until the end of his first 100 days in office -- well after the 100 million most vulnerable Americans will be vaccinated! -- and warns that the nation’s death toll from the pandemic will ... Read More
White House

Trump’s Disgraceful Endgame

President Trump said the other day that he’d leave office if he loses the vote of the Electoral College on December 14. This is not the kind of assurance presidents of the United States typically need to make, but it was noteworthy given Trump’s disgraceful conduct since losing his bid for reelection to ... Read More
White House

Trump’s Disgraceful Endgame

President Trump said the other day that he’d leave office if he loses the vote of the Electoral College on December 14. This is not the kind of assurance presidents of the United States typically need to make, but it was noteworthy given Trump’s disgraceful conduct since losing his bid for reelection to ... 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

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