The American left today will tell you that Biden’s attempts to obstruct democracy in 2020 were OK because Republicans used a similar argument in 2016. It is true that in 2016 Senate Majority Leader Mitch McConnell blocked Barack Obama’s nominee, Merrick Garland, from receiving a just and proper Senate hearing. But two wrongs do not make a right. McConnell’s attempt to obstruct the judicial process in 2016 was as unjust as Biden’s attempt in 2020.
Originalism is a deeply partisan, political ideology that shrouds itself in the language of protecting the Constitution and democracy through serious intellectual rigidity. With Barrett now confirmed to the Supreme Court, the convincing, yet hollow, rhetoric of this formidable ideology on the court will be a force to contend with if we want to protect civil and human rights in America.
Amul Thapar, BC ’91, a 49-year-old judge on the Sixth Circuit Court of Appeals, met with President Donald Trump on Monday.