Justice Barrett Continues to Move Away from Originalism

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According to Newsweek, U.S. Supreme Court Justice Amy Coney Barrett diverged from her fellow conservative justices on Thursday about whether to hand Republicans a victory in a key voting rights case in Arizona.

The Republican National Committee asking the justices to block a lower-court order that blocked enforcement of a 2022 law that would bar registered voters who have not previously provided proof of citizenship from voting in presidential elections, or by mail in any federal elections.

Arizona is a key swing state. In addition to the presidential, there are two congressional races and an important Senate race.

In a 5-4 vote, the court granted part of the stay filed by the RNC while rejecting other parts. It will allow Arizona election officials to reject new voter registration forms that do not include proof of citizenship, such as a birth certificate or a passport.

However, it rejected part of the request to block Arizonans who have already registered to vote but have not provided proof of citizenship from voting in federal elections or by mail.

The latter will go back to the lower courts.

It was a partial good win, but potentially tens of thousands of ineligable voters could still vote illegally.

We know not to count on Justice Roberts, but Barrett is moving left and is a disappointment for many constitutionalists.

The left calls Barrett a moderate, but she is moving away from Originalism and the Constitution.

She keeps doing this. She ruled against presenting protected actions as evidence in the presidential immunity case. It was a partial loss for Donald Trump.

In June, Barrett claimed that Republican states had no standing in social media censorship. If they don’t, who does? She ruined the case.

There were other cases where her rulings raised eyebrows.

 


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