Monday, October 12, 2020

Vital Responsibility

[Justice Scalia's] judicial philosophy was straightforward.  A judge must apply the law as it is written, not as she wishes it were.  Sometimes that approach meant reaching results that he did not like, but as he put it in one of his best known opinions, that is what it means to say that we have a government of laws and not of men.

Courts have a vital responsibility to the rule of law, which is critical to a free society, but courts are not designed to solve every problem or right every wrong in our public life.  The policy decisions and value judgments of government must be made by the political branches, elected by and accountable to the people.  The public should not expect courts to do so and courts should not try.  

-- Amy Coney Barrett, in her opening statement at her Supreme Court confirmation hearing, 12 October 2020

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