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Horowitz: 16 questions conservatives should ask ANY Supreme Court pick

Added 09-23-20 12:17:01pm EST - “Be certain where they stand” -


Posted By TheNewsCommenter: From “Horowitz: 16 questions conservatives should ask ANY Supreme Court pick”. Below is an excerpt from the article.

This article is adapted from the original list of 15 questions I posed during the nomination of Neil Gorsuch to the Supreme Court in February 2017.

Democrats never have any doubts about their court nominees. They know with certainty that once their picks are on the court, they will be willing to do anything in a real case to interpret the Constitution the way they see it. They will rule with the party's preferred political outcomes regardless of past precedent or the plain meaning of the Constitution. There is no reason why conservatives cannot have that same confidence that GOP nominees will rule on the side of the original meaning of the Constitution and the 14th Amendment.

There is a long list of so-called originalist jurists who lecture in the abstract on the legal speaking circuit about the original interpretation of the Constitution. Yet few of them appear to abide by it in practice when such rulings will stick a spoke into identity politics. There really is only one justice who is willing to render an opinion based on his understanding of the Constitution as originally constructed, regardless of the political consequences, and that is Clarence Thomas.

We must convert theoretical originalism into practical originalism. Trump and conservatives spearheading the search for a nominee must get commitments from the candidates about clear constitutional questions that are relevant to the time we live in. No, they don't need to answer about specific cases, but if they can't categorically reject the notion of a constitutional right to transgenderism, to abortion, or to immigrate – and be willing to rule accordingly, regardless of recent decisions or lower court rulings – then their originalism has no value beyond a Federalist Society conference.

Here is a list of 16 questions on very relevant and consequential issues that should be asked in any interview of these candidates – whether by White House officials or by Republicans on the Senate Judiciary Committee. These are not tough questions. Anyone with a semblance of originalism should be able to easily answer them. We certainly know what every Democrat-appointed judge would say about these issues. We should have the same confidence about any supposed originalist.


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