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Tuesday, October 13, 2020

Rights are not something for courts to 'announce'

SCOTUSblog reported on yesterday's first day of confirmation hearings on the nomination of Judge Amy Coney Barrett to the U.S. Supreme Court.

There was a line that caught my attention and the form of it drew attention. Twice it read as:

“the constitutional right to [issue] announced in [Supreme Court case]”

If something is a right, then it should not take a Supreme Court case to make an appearance.

Second, even if our laws need help recognizing our rights, that should come from the Legislative Branch of government, not the Judicial Branch. The Supreme Court's role is not to “make law.”

Even if one wants to make a point about the Supreme Court's ability to strike down laws, the point remains. Striking down laws and writing laws are opposite activities.

Laws are inherently opposed to things. Laws are only against things, not for them.

Sometimes the Legislative Branch may get too aggressive in prohibiting certain activities. The Supreme Court is correct to strike down laws that infringe on rights retained by the People.

If something was never recognized as a right until a Supreme Court decision “announced” it so, even if it is right and good, it is still not SCOTUS' role to make law.

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