What we have known for a long time, but had made clear once again, is that the Democrats have no understanding what Separation of Powers means. The hearings we witnessed, and the arguments we have heard since, prove once again that the Democrats do not understand, strongly disagree, or both with the intent of the Judicial branch or Article III branch and how it is supposed to function.
The Judicial branch was always intended to be the weakest branch. It was intended to be a non-political branch. The decisions of the Supreme Court were never to be treated as law but simply opinions on how the law was to be applied according to the Constitution. If you took the time to listen to the confirmation hearings and the acceptance speech of Justice Amy Barrett, you would have a much better understanding as to the intended and proper role of the court. That the Democrats would have even taken the time to question or comment on healthcare, or abortion, or any other policy matter reinforced the ignorance of these senators when it comes to Constitutional understanding. All of the matters they discussed are matters that were always intended to be matters for the congress, which is a political branch because it is directly responsible to the people. The Judicial branch would only giving an opinion when an individual was harmed and brought a case and it reached the Supreme Court. The Democrats are so outraged because they perceived, and I believe correctly so, that Justice Barrett will not do their work for them. For instance, a Justice Barrett, unlike Chief Justice Roberts, were have told the congress that the ACA was unconstitutional the way it was written. If they wanted it to fit within the framework of the Constitution, they would have to go back to work and change penalty to tax. Justice Barrett would not have said that she could change the word as written in the law. A court is not supposed to rewrite the law so it meets constitutional requirements. Justice Barrett will not do Congresses work for them and that is why the Democrats are so angry.
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