News

Law & the Courts

Senator Ed Markey Slams Judicial ‘Originalism’ as ‘Racist,’ ‘Sexist,’ and ‘Homophobic’

Sen. Ed Markey (right) and Rep. Alexandria Ocasio-Cortez hold a news conference for their proposed “Green New Deal” at the U.S. Capitol, February 7, 2019. (Jonathan Ernst/Reuters)

Senator Ed Markey (D., Mass.) slammed judicial originalism in a Senate floor speech hours before the expected confirmation of Judge Amy Coney Barrett to the Supreme Court on Monday.

Originalism is a mode of legal interpretation by which a judge considers a legal document’s original meaning at the time the document was written. Conservative Justice Antonin Scalia, for whom Judge Barrett clerked in the late 1990’s, was considered one of the foremost exponents of this judicial philosophy.

Democrats have vociferously opposed Barrett’s confirmation to the Court, which would give conservatives a 6-3 majority on the bench. Senator Markey on Monday criticized Barrett’s adherence to Scalia’s originalism.

“Originalism is racist. Originalism is sexist. Originalism is homophobic. Originalism is just a fancy word for discrimination,” Markey said on the Senate floor, in a line he later posted on Twitter. Markey added in his floor speech, “For originalists, LGBT stands for ‘let’s go back in time.'”

In additional tweets, Markey also called for Democrats to “abolish the filibuster” and to “expand the Supreme Court,” i.e. expand the number of justices appointed to the bench.

Throughout Barrett’s confirmation hearings, Democrats portrayed her looming confirmation as threatening abortion rights as well as the viability of the Affordable Care Act. Markey returned to these points in his floor speech.

“We can have the ACA or we can have the ACB, but we can’t have both,” Markey said.

Senator Chuck Grassley (R., Iowa) mocked those concerns as unfounded during the opening hearings for Barrettt.

“Democrats and their allies shouldn’t claim to know how any judge would rule in any particular case,” Grassley said earlier this month, noting that Justices John Paul, Anthony Kennedy, and David Souter were criticized for alleged sexism. “Ultimately, the Left praised these justices that they [previously] attacked.”

Send a tip to the news team at NR.

Zachary Evans is a news writer for National Review Online. He is a veteran of the Israeli Defense Forces and a trained violist.

Most Popular

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

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
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
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
Film & TV

Wonder Drug Cures All Problems

I’ve just discovered a film that has changed my life. Give it a chance, and it’ll change yours, too. The film is Another Round, by the sly Dane Thomas Vinterberg (The Celebration), and it heralds the discovery of a miraculous substance by four friends, all of them high-school teachers in Denmark, on the ... Read More
Film & TV

Wonder Drug Cures All Problems

I’ve just discovered a film that has changed my life. Give it a chance, and it’ll change yours, too. The film is Another Round, by the sly Dane Thomas Vinterberg (The Celebration), and it heralds the discovery of a miraculous substance by four friends, all of them high-school teachers in Denmark, on the ... Read More