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Posted on 07/16/2026 4:24:39 PM PDT by E. Pluribus Unum
In the post-judicial-filibuster world, intellectual adherence to textualism, in and of itself, is no longer sufficient for Republican Supreme Court nominees.
The Supreme Court’s 5-4 decision last month in Trump v. Barbara declaring birthplace citizenship a constitutional right — authored by Chief Justice John Roberts and supported by Justice Amy Coney Barrett and the court’s three liberals — elicited a wave of pointed conservative criticism.
The critiques began in the case’s dissents. Justice Samuel Alito called the ruling “a serious mistake.” Justice Clarence Thomas said it “devalues” citizenship. Even conservative legal scholars who admire Roberts and Barrett acknowledge that Thomas’ historical analysis of the 14th Amendment was far more compelling than the thin originalism of the chief’s opinion. Movement conservatives, for their part, are outraged by the decision, which they feel was not only wrong, but wrong in the peculiarly Roe-ish way of extra-constitutionally placing a legitimate political question outside the reach of the nation’s elected lawmakers.
The Republican legal establishment has tried to defend — or at least downplay — Roberts’ ruling and Barrett’s vote. Their arguments — that Barbara only upholds the status quo or that the ruling is #akshually Donald Trump’s fault — have utterly failed to assuage conservatives’ frustration. Indeed, they seem only to be exacerbating the MAGA right’s sense of elite legalistic betrayal. It is urgently important for Republican decision-makers — on Capitol Hill, in the Trump administration, and especially in the originalist/textualist conservative legal movement — to understand why — and what to do about it.
The heart of the dispute is the question of what the Supreme Court is. In the intellectual fantasies of many originalist, textualist lawyers, the court is an apolitical, judicial umpire — merely calling balls and strikes, in Roberts’ famous framing. In the real...
(Excerpt) Read more at thefederalist.com ...
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Barett has been scared into being a liberal since the Dobbs decision. I think she is afraid because of the death threats she got from leftist wackos
She should do the honorable thing and step down for the sake of her family.
Justice Thomas is probably heavily armed.
He is a big NASCAR fan.
I don’t blame her for being afraid BUT I do blame her for not stepping down if its interfering with her job.
She can just say she wants to spend more time with her family.
Her vote was the worst. Total disaster for our country
She votes to make America the world’s open sewer for any third will piece of human garbage to shat out a kid and make it a citizen, then wonders why we are an uncivilized society.
She’s as retarded as Jackson. And just as evil.
The article is good.
The “Court” has gone far beyond its mandate. After Marbury v. Madison, there were no laws held un-Constitutional until 1868 in Reichart v. Felps.
Sixty Five years. Not one.
Maybe the original court understood the scope of their powers?
Regardless, what Roberts did was to redefine citizenship to mere geography: whatever the coordinates of your birth, as long as they are within US territorial boundaries (I would assume airspace as well), you’re one of us! Yay!
Mexico wins. China wins. India wins.
Not us.
Did Madison and Jefferson intend the Court to have that kind of power?!
Barret should have been forced to recuse, for adopting Haitian kids. Wonder if that can be forced retroactively.
And what that actually means depends solely upon the personal moral, social, and political views of the justice as in individual. It's a recipe for pure results-oriented judicial activism.
Feelings... Nothing more than feelings...
Birthright Anchor Babyship makes America the laughing stock of the planet. Turning America into a group of schithouse colonies is a real freak show.
Yeah...NO MORE CHICKS!
“NO MORE CHICKS!”
I’d be OK with Carol Swain.
Me too. She is one of the greatest. But who is like her, yet young enough and dependable?
No, which SCOTUS argued would lead to deadlock, so they made themselves more equal than the other branches.
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