What exactly are the qualifications to serve as a SCT Justice with life time tenure? Conservatives frame this question as asking about her resume credentials, work experience, and intellectual abilities. If this is the best way to frame who qualifies to serve, then Barrett is
2]clearly qualified. However, once one appreciates that the SCT makes some of the most lasting "policy" judgments imaginable affecting all Americans, the question of qualifications should include an examination of the nominee's methodology for interpreting vague constitutional
3]terms like "equal protection" and "due process" that have no determinate fixed meaning. Instead, the meaning of these open ended concepts must evolve over time consonant with profound shifts in cultural perspectives. But Barrett endorses an "originalist" methodology which
4]pretends that constitutional terms have a fixed meaning determined by what the framers intended them to mean. Of course, if such a methodological approach is correct, the Constitution could never be used to recognize and protect profound shifts in the culture about the
5] meaning of "marriage" or what constitutes discrimination against blacks, minorities, or women. Nor is it an accident that most "originalists" own policy views somehow end up endorsed by their view of the constitution. Its her judicial methodology for interpreting the law that
6]supports the contention that she is not qualified to serve on the Court because her views would rob our constitution of the necessary elasticity to accommodate profound and lasting shifts in how the vast majority of Americans view what constitutes a right or who are
7] "the people" who have such rights.
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