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Addressing Barrett's problematic passivism

Addressing Barrett's problematic passivism


Addressing Barrett's problematic passivism

A constitutional attorney says a Trump-appointed Supreme Court justice is doing the opposite of judicial activism when ruling on cases involving the president's executive orders.

Amy Coney Barrett's votes against some of President Trump's efforts, like freezing close to $2 billion in foreign aid, has led some supporters to believe that she is not a guaranteed conservative vote.

Phillip Jauregui, senior counsel and director of the Center for Judicial Renewal at AFA Action, says she is not a judicial activist.

Jauregui, Phillip (Ctr for Judicial Review) Jauregui

"I think all of us are surprised at some of what we've seen, but it is important to put it in perspective of what it is and what it isn't," he comments. "I don't think Amy Coney Barrett is a liberal, and she certainly isn't somebody to write new rights into the Constitution. But what she's doing is in many ways the opposite of judicial activism – passivism – and that is, I think, a difficulty."

He says that has been frustrating for many Americans who had high hopes because of her substantial writings and known judicial philosophy as a law professor. Though Jauregui is thankful Barrett is not a judicial activist, he still finds her passivist approach problematic.

"Justice delayed is justice denied," Jauregui submits. "If a judge is afraid to engage, or thinks they shouldn't engage, or that it's somehow noble to not engage, what you're left with is a situation that requires justice, and yet the Supreme Court won't give it. That's what I think we see with Amy Coney Barrett."

AFA Action has not issued an alert against Barrett, but the organization encourages people to pray that she embraces the truth that justice must be defended by Supreme Court justices who engage with wisdom and are neither activist nor passivist.


Editor's Note: AFA Action is an affiliate of the American Family Association, the parent organization of the American Family News Network, which operates AFN.net.