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US Senate confirms Justice Amy Coney Barrett: a victory against liberal “institutionalism”

Written By | Oct 26, 2020

WASHINGTON. Just when the left found a new friend in US Supreme Court Chief Justice John Roberts – the key vote giving dictatorial Obamacare sway over a free people – President Trump throws a monkey wrench in Roberts’ leftward drift with the nomination of Amy Coney Barrett to the Supreme Court.

ACB, Barrett, Supreme Court, SCOTUS, Trump

President Trump with First Lady, Justice Amy Coney Barrett and her family. C-SPAN screen capture.

A blow to never-Trump, lollypop conservatism

Today, the US Senate voted to confirm Justice Barrett as the 127th justice to sit on the high court, effectively expanding the conservative court majority begun by President Ronald Reagan forty years ago. A stark reminder of the difference between the two candidates running for president as election day approaches.

Justice Clarence Thomas will be administering the oath to the new justice this evening at about 9:00 PM.  Court watchers say that Thomas will sit in the center seat and that he will be the thought leader of the conservative justices.

John Roberts, you may recall, was appointed by lollypop conservative, George W. Bush. The president whose Justice Department holdovers worked side-by-side with President Obama’s Justice Department holdovers in the failed Russia-collusion coup attempt against President Trump.




Bush, Roberts, Barrett, SCOTUS

President George W. Bush and Justice John Roberts. Photo via Wikipedia, https://commons.wikimedia.org/wiki/File:Robertsoath2.jpg.

Bushian ghosts in the machine

Like Roberts, FBI Director James Comey, Assistant Attorney General Rod Rosenstein, Special Counsel Robert Mueller – key players in the plot to overturn the 2016 presidential election – were Bush appointees in their early Washington careers.


Read more from Mr. Curmudgeon here

But in the case of Justice John Roberts, he’s the most powerful never-Trump Republican of them all.

Roberts defense of mindless institutionalism

Senator Chuck Grassley administers the oath of office to Chief Justice John Roberts. Photo: US Senate.

It was Roberts who ruled with his liberal colleagues against President Trump’s travel ban preventing Middle Eastern men-of-a-certain-age from entering the country. He also joined with the court’s Democratic appointees blocking Trump’s repeal of President Obama’s executive order known as the Deferred Action for Childhood Arrivals (DACA). Saying that rescinding Obama’s arbitrary and capricious immigration edict was – wait for it – “arbitrary and capricious.”

And more famously, Roberts joined with high-court liberals in striking down a Louisiana law adding reasonable restrictions on abortion.

As the New York Times recently observed of Roberts’ evolution:

“He is also an institutionalist, legal scholars say, one who’s worried about the court’s independence and credibility in a deeply polarized political moment.”

Ah yes, Roberts the “institutionalist.”

The institution of surrender

The never-Trump understanding of institutionalism is this: Republicans should never overturn or disturb those institutions established by liberal-leftist Democrats. Doing so threatens to destroy the gentleman’s agreement and bipartisan congeniality between establishment, squishy, RINO, Vichy collaborationist, never-Trump Republicans (call them what you will), and their Democrat “friends.”

Such GOP spinelessness usually rates a paragraph of faint praise from the editorial board of the New York Times.

The outsider vs. institutionalism

Trump is, refreshingly, no friend to liberal-leftist institutions. It’s not because he’s a Republican, obviously. Nor is it because he’s a lollypop conservative, obviously. It’s because he puts the Constitution and the American people first.



And like Trump, Justice Barrett dismisses institutionalism in the form of stare decisis (deferring to legal precedent) in favor of textualism (interpreting the law based on a clear and strict reading of its words).

The US Senate confirmation of Amy Coney Barrett is yet another Trumpian victory against institutionalism. It represents, in the clearly written words of the preamble to the US Constitution, a pathway to “a more perfect Union.”

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Top Image: Justice Amy Coney Barrett. Photo: Rachel Malehorn via Wikipedia, https://commons.wikimedia.org/wiki/File:Amy_Coney_Barrett.jpg.

Steven M. Lopez

Originally from Los Angeles, Steven M. Lopez has been in the news business for more than thirty years. He made his way around the country: Arizona, the Bay Area and now resides in South Florida.