July 5, 2024

Newsweek: ‘Has Amy Coney Barrett Gone Rogue?’

During this latest session, the Supreme Court rulings have shocked quite a few people.

The conservative-dominated court has released several decisions that leaned more toward the left. Even if they did pass on the conservative side, Justice Amy Coney Barrett was either voting with liberal justices or calling out some of her fellow conservative justices.

This has led to some pushback and people wondering if this pick was a mistake by Trump.

Amy Coney Barrett

Barrett has had a clear and open feud with Justice Clarence Thomas, who has been targeted by the left ever since he took his seat.

Thomas follows the Constitution to the letter, period, when it comes to conservatism, while Barrett appears to take a more modern approach.

For instance, in the United States v. Rahimi case, Barrett and Thomas were at each other’s throats over whether someone with a domestic dispute charge should be able to have a firearm.

Even during the more recent presidential immunity decision, Barrett pushed back on absolute immunity, arguing that conduct covered by presidential acts could be used as evidence in non-presidential acts deemed to have been criminal.

Is this common sense, or is this Barrett going rogue?

Colleen Kerwick, an attorney in New York, is taking more of my approach on this, arguing that Barrett has not gone rogue.

She added, "To the contrary, she is demonstrating that she isn't beholden to anyone."

Specifically on the immunity ruling, Kerwick stated, "With respect to the decision concerning presidential immunity, she was the calm in the storm.

"The majority focused on a need to protect 'strong, energetic and vigorous leadership.'

"Barrett agreed that the threat of criminal prosecution would dampen a president's ardor but qualified that if a president commits a crime related to unprivileged acts that we can look at his privileged acts for proof of criminal intent.

"Most students of the law would agree with Barrett's opinion."

I won’t argue whether Barrett gets it right or wrong all the time because I don’t think we have any justices that are perfect.

But I will say something I have said before… I love this mix of justices, regardless of whether I agree with the decision or not, and this sudden pushback on Barrett is proof of that.

In my opinion, even though we have a 6-3 majority on the conservative side, this is the most balanced court I believe we have had in decades.

I can see why people are getting frustrated with Barrett, as well as Kavanaugh and Gorsuch for that matter, as they have also both crossed over on numerous occasions, but that just supports my point that I think this particular mix is getting the job done right.

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