{"id":1394744,"date":"2022-03-22T17:59:43","date_gmt":"2022-03-22T21:59:43","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1394744"},"modified":"2022-03-22T17:59:48","modified_gmt":"2022-03-22T21:59:48","slug":"what-gives-them-the-right-to-do-that-cornyn-grills-jackson-on-unenumerated-rights-judicial-policy-making","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/what-gives-them-the-right-to-do-that-cornyn-grills-jackson-on-unenumerated-rights-judicial-policy-making\/","title":{"rendered":"\u2018What Gives Them The Right To Do That?\u2019 Cornyn Grills Jackson On Unenumerated Rights, \u2018Judicial Policy-Making\u2019"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">32<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fwhat-gives-them-the-right-to-do-that-cornyn-grills-jackson-on-unenumerated-rights-judicial-policy-making%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1394744&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><div><img decoding=\"async\" src=\"https:\/\/dw-wp-production.imgix.net\/2022\/03\/GettyImages-1387110415.jpg?w=1200&#038;h=800&#038;ixlib=react-9.3.0\" class=\"ff-og-image-inserted\" alt=\"image\" \/><\/div>\n<p>Republican Texas Senator John Cornyn grilled Supreme Court nominee Ketanji Brown Jackson on whether her judicial philosophy would lead to her engaging in \u201cjudicial policy-making,\u201d during her nomination hearing Tuesday before the Senate Judiciary Committee Tuesday.<\/p>\n<p>Cornyn\u2019s questions began with a line of questioning based on the landmark case <em>Obergefell v. Hodges<\/em>, which legalized same-sex marriage nationwide. Cornyn pointed out that the <em>Obergefell<\/em> decision overruled referendums in 32 states and \u201carticulated a new fundamental right,\u201d using a legal doctrine called \u201csubstantive due process.\u201d<\/p>\n<p>The Supreme Court articulated substantive due process from a confluence of the 5th amendment and the 14th amendment to the Constitution, but \u201chistorically it\u2019s been applied in ways that seem to sanction explicit policy-making by the courts,\u201d Cornyn argued, asking whether \u201csubstantive due process\u201d was just a tool used by the court to \u201chide their policy-making under the guise of interpreting the Constitution.\u201d<\/p>\n<p>\u201cThe Justices have interpreted the due process clause of the 14th amendment to include a substantive provision, that the rights to due process, they have interpreted that to mean not just procedural rights relative to government action, but also the protection of certain personal rights related to intimacy and autonomy,\u201d Jackson responded, adding that among those rights are the rights to marriage, abortion, and contraception.<\/p>\n<p>\u201cWell the fact is, is it not, that you can use substantive due process to justify basically any result?\u201d Cornyn interjected. \u201cIt\u2019s a mode of analysis by the Court that allows the Court to substitute its opinion for the elected representatives of the people. Would you agree?\u201d<\/p>\n<p>\u201cThe Court has identified standards for the determination of rights under the 14th amendment substantive due process,\u201d Jackson replied.<\/p>\n<p>\u201cWho gives them the right to do that?\u201d Cornyn asked. \u201cIf it\u2019s not mentioned in the Constitution, where does the right of the court [come from] to substitute its views for that of the elected representatives of the people?\u201d<\/p>\n<p>\u201cThe Court has interpreted the 14th amendment to include this component, the unenumerated right to substantive due process, and the Court has said that the kinds of things that qualify are implicit in the concept of ordered liberty or deeply rooted in our nation\u2019s history and tradition,\u201d said Jackson.<\/p>\n<p>Cornyn then shifted to the fact that\u00a0<em>Obergefell\u00a0<\/em>overruled the will of the states in recognizing same-sex marriage. \u201cWhen the Court overrules the decision made by the people \u2026 that is an act of judicial policy-making, is it not?\u201d<\/p>\n<p>\u201cSenator, the Supreme Court has considered that to be an application of the substantive due process clause of the 14th amendment,\u201d Jackson responded.<\/p>\n<p>\u201cWell, one of the things that concerns me is, here is an example of the courts finding a new fundamental right that is mentioned nowhere in the document of the Constitution, that\u2019s the product of simply court-made law we\u2019re all supposed salute smartly and follow, because nine people, who are unelected, who have lifetime tenure \u2026 five of them decide that this is the way the world should be.\u201d Citing the 9th amendment, Cornyn then asked, \u201cWhat other rights do you believe exist? And how could we anticipate what those might be?\u201d<\/p>\n<p>Jackson said she could not answer the question because it was hypothetical, but that substantive due process rights were established by Supreme Court precedent.<\/p>\n<p>Cornyn then laid out the reason why he was concerned about applying what he felt were loose Constitutional doctrines. \u201cAs a trial judge, of course, you were bound by Circuit Court precedent, and on the Circuit Court you were bound by the Supreme Court precedent. But as a member of the United States Supreme Court you will be bound by nothing. You will be unaccountable to the voters \u2026 So you\u2019re not gonna be able to find the answer in some law book somewhere. You\u2019re gonna be presented with a case is gonna be made [that] this is an unenumerated fundamental right, and the voters, whatever they\u2019ve said is irrelevant, because we, five members of the Supreme Court, are gonna decide what the law of the land should be,\u201d Cornyn said.<\/p>\n<p>You can watch the <a href=\"https:\/\/www.youtube.com\/watch?v=LOmAO-kqHOE\">full exchange<\/a> here.<\/p>\n<p><i>The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a\u00a0<\/i><a href=\"https:\/\/www.dailywire.com\/subscribe\"><i>member<\/i><\/a><i>.<\/i><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Republican Texas Senator John Cornyn grilled Supreme Court nominee Ketanji Brown Jackson on whether her judicial philosophy would lead to her engaging in \u201cjudicial policy-making,\u201d during her nomination hearing Tuesday<\/p>\n","protected":false},"author":189,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1394744","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1394744","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/189"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1394744"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1394744\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1394744"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1394744"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1394744"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}