Judge Barrett Schools Democrats on Role of Judiciary During Sen. Sasse's Questioning

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Posted: Oct 13, 2020 3:00 PM
Judge Barrett Schools Democrats on Role of Judiciary During Sen. Sasse's Questioning

Source: AP Photo/Susan Walsh, Pool

In the second day of confirmation hearings before the Senate Judiciary Committee, Senator Ben Sasse’s (R-NE) questioning gave Judge Barrett the opportunity to set the record straight on what originalist jurisprudence is. Democrats have done their best work to villainize the popular judicial philosophy that respects the Constitution as written. 

Asked why the meaning of the law does not change with time, Judge Barrett  reminded those watching that “the law stays the same until it is lawfully changed,” and that the role of the judiciary is not to legislate. 

Democrats have spent much of Judge Barrett’s confirmation insinuating that the courts make the laws, when legislating is Congress’ primary role, as she reminded the room:

“It [lawmaking] is not up to judges to short-circuit that process by updating the law. That’s your job,” she said in response Sen. Sasse’s question about the role of the courts.

Throughout her confirmation process, Judge Barrett has made it clear that a judge's personal policy preferences should have no stake in the way that they rule, and that the law should be the only factor considered.