Opinions and Legal Insights

Markey: “Originalism Is Racist . . . Sexist . . . Homophobic”

We have previously discussed how senators crossed a critical line in the Barrett nomination in declaring that the conservative’s judicial philosophy makes her “unqualified” — the abandonment of decades of tradition where members separated the qualifications from the philosophy of a nominee. That dangerous shift was particularly evident yesterday when Sen. Ed Markey, D-Mass., called the originalism “racist, sexist, homophobic and a fancy word for discrimination.”

Markey declared on Twitter on Twitter that “Originalism is racist. Originalism is sexist. Originalism is homophobic. Originalism is just a fancy word for discrimination.”

Markey’s comments are deeply insulting to the many citizens, judges, and professors who hold originalist views.  It is further evidence of the creeping irrationality in this age of rage where it is not enough to disagree with others on legal questions. You must now label those with differing views as racists or bigots.  Sen. Mike Lee was right to call upon Markey to withdraw his comments but such civility and such responsibility is now a distant memory in American politics.

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