In The Conservative Sensibility George Will said the “judiciary is perpetually poised to scrutinize the content and application of the laws.” And, this “makes the judiciary the epicenter of constitutional government.” This is why we’ve seen Congress fight-to-the-death over judicial appointments in 2013, 2016 and now in 2020.
One of my heroes was republican Frank Johnson, the federal judge who was the only throttle on George Wallace’s authoritarian rule in Alabama during his segregationist heyday. As long as I can remember, I’ve respected the independence of the judiciary and been thankful for judicial review, established in 1803 by Chief Justice John Marshall in Marbury v. Madison.
Honorable justices rise above politics and ideology. Of republican Earl Warren’s court, George Will said: “Deference to the court’s decisions is a tradition, a practice hallowed by reiteration (and) strengthened by … the 1954 Brown v. Board of Education of Topeka school desegregation decision, which was far in advance of public opinion…. The … court acted without reference to public sentiments, and by doing so addressed an injustice with which majoritarian institutions could not then cope.”
Strong, intelligent jurists put aside party and ideology when interpreting the law. The Honorable Amy Coney Barrett is strong and intelligent. May she join a long line of justices who earned the title “Honorable” by operating independently from their party of origin, from their appointing president and from the “majoritarian institutions” that led to their confirmation.