Conservatives can point to 'originalists' on courts

Friday, June 26, 2020
 | 
Chris Woodward (OneNewsNow.com)

gavel with U.S. flagThe U.S. Senate has confirmed President Trump's 200th judicial nominee officially filling all appeals court vacancies.

"This is something we can celebrate: 200 federal court nominees," Travis Weber, a vice president at the Family Research Council, said on the “Washington Watch" radio program.

Those appointments are important, Weber said, because the courts have “injected themselves” into social issues and thus began making policy decisions.

“We need to turn back into an originalist perspective,” he told the radio program, “getting the courts out of social policy making, interpreting laws and the Constitution."

Justice Neil Gorsuch, a Trump nominee, is considered an originalist but recently drew the ire of many social conservatives when he wrote the majority opinion in Bostock v Clayton County, Georgia. In that 6-3 opinion, justices said that an employer who fires an individual merely for being homosexual or transgender violates Title VII of the Civil Rights Act of 1964.

Critics argue that Title VII does not mention sexual orientation or gender identity. Gorsuch did not see it that way. Neither did Chief Justice John Roberts, a George W. Bush nominee.

"The Bostock decision was a mistake,” Weber observed, “but the answer to this is to hone in on, and double down on, the right approach that a judge should have and not walk away from the importance of judges overall, of nominees overall.”

Also appearing on “Washington Watch” was Sen. Marsha Blackburn (R-Tennessee). She said she hears often from Tennesseans about the topic of judges, their interpretations, and judicial activism.

"This is something that frustrates people," said Blackburn. "We have a Constitution and we have the rule of law, and if we stick to that and abide by it, then everybody knows what the rules of the game are."

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