This week, the Senate is scheduled to kick off confirmation hearings for Judge Amy Coney Barrett. The stakes are high, with the seat of the most prominent liberal Supreme Court Justice, Ruth Bader Ginsburg, potentially being filled by a conservative in the mold of her mentor, Antonin Scalia.
Georgetown Constitutional Law Professor Randy Barnett argued before the late Justice Ginsburg, and knows Ginsburg’s prospective replacement personally. While he was on the opposite side of the ideological divide from Justice Ginsburg, he honored her recently in a Washington Post column as a gracious presence, who assisted him in an oral argument before the Supreme Court. And while Barnett and Barrett’s judicial philosophies are more closely aligned, Barrett debated some of the finer points of Professor Barnett’s book Our Republican Constitution insofar as he argues against judicial restraint when it comes to defending economic liberties.
While a full discussion of judicial philosophy is beyond the scope of a single hour on my show, I was delighted to have Professor Barnett join me to discuss why the Supreme Court has become so heavily politicized and how the stakes have gotten so high.
Many believe that a future Justice Barrett could be the divisive vote on a number of key issues – not just Roe v. Wade but also Obamacare. Since when did nine unelected officials determine the fate of our entire lives?
Don’t miss this special edition of the show of #ideasnotattitude.
Benjamin Franklin once said: "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."
- "Countering the Majoritarian Difficulty" by Amy Coney Barrett, review of Randy Barnett’s book, Our Republican Constitution, 2017
- Randy Barnett (@RandyEBarnett) / Twitter
- An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know, by Josh Blackman and Randy Barnett
- On the bench, Justice Ginsburg was generous to ideological adversaries — like me, Washington Post Sep. 21, 2020
- [AUDIO] Randy E. Barnett discusses SCOTUS nominee Amy Coney Barrett on Chicago's Morning Answer with Dan Proft & Amy Jacobson | Cato Institute Sept. 28, 2020