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Coner Barrett & Federalists

September 27, 2020

We speak of the Warren Court and the revolution perpetrated by the Chief Justice, and his associates. But President Eisenhower’s personal decision to honor a promise to appoint Earl Warren to the Court, though ill-conceived, had unintentional consequences as bad as those intentionally decided decisions of Richard Nixon.

His choice of Warren Burger to replace retiring Chief Justice Earl Warren was followed by his appointment of Harry Blackmun who gave us legalization of abortion—a Constitutional right. Nixon’s subsequent appointments of Lewis Powell and William Rehnquist were better, but the damage was done.

Six years ago John Fund called our attention to an essay by Chapman University law professor, Ron Rotunda, that reveals the mind of Harry Blackman.

“Blackmun said Justice Byron White wrote a bitter dissent, referring to ‘raw judicial power.’ With a strong emphasis in his voice, Blackmun quipped: ‘I made Byron eat those words later in other cases.’ When White announced his dissent, “White was emotional.” Blackmun asked rhetorically: ‘Why was White so strong against my view?’”

Was it Byron White’s Anglican religion? There are no Christian principles expressed in Roe v. Wade. Here is a link to that dissent.

Blackmun was given the case to write an opinion based on the goofy notion that Blackmun was knowledgeable about medicine. Indeed, he did the tax returns for professional staff at the Mayo Clinic, but he was clearly the wrong justice to write the Roe vs. Wade opinion.

 Nixon gave us Warren Burger and Harry Blackmun.

A new President has made a better choice in selecting Amy Coner Barrett thus giving traditional forces a 6 to 3, Conservative versus Liberal, majority on the Supreme Court. We should not forget that Federalists sought to control the national government with judicial appointments. This attempt to secure a conservative order by legal opinions will also fail. Only by generating a core of leadership of conservatives who successfully run for elective office can the principles of an ordered society prevail.

We lost Protestant religion to secular belief and our universities to the Left.  So-called “journalists” that lead every sentence Leftward dominate print, broadcast and digital media and the Catholic Church is only now beginning to educate faithful priests. As a present for my conservative friends at Christmas last year I offered some suggestions about what we can do about it.


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