Markey rips originalism as 'racist' in attack against Amy Coney Barrett confirmation


Liberal Sen. Ed Markey tore into Supreme Court nominee Amy Coney Barrett’s judicial philosophy on the day she is expected to be confirmed by the Senate.

The Massachusetts Democrat, who recently bested Rep. Joe Kennedy III in a primary challenge, took umbrage with Barrett’s embrace of constitutional originalism, espousing the view that the Constitution should be interpreted as it was written.

“Originalism is racist. Originalism is sexist. Originalism is homophobic. Originalism is just a fancy word for discrimination,” Markey said in a Monday tweet.

Late Supreme Court Justice Antonin Scalia was also formed in the originalist mold, and his judicial philosophy was cited by Barrett, who once clerked for him, as one that “shaped” her, according to the Hill.

Scalia’s son, Christopher Scalia, responded to Markey’s tweet by calling the senator “either a dolt or a demogogue.”

The Senate is set to vote on Barrett’s confirmation Monday at 7:30 p.m. EDT, although the vote could come earlier if Senate Democrats release some of the debate time.

It was announced on Monday that Vice President Mike Pence will not be presiding over the vote after his chief of staff and others in his office recently tested positive for COVID-19. Democrats sent a letter to the vice president earlier in the day, asking for him to stay away from the chamber. Democrats said his presence would violate Centers for Disease Control and Prevention guidelines.

Republicans appear to have at least 52 votes to confirm Barrett to the nation’s highest court after Sen. Lisa Murkowski announced on Saturday that she would vote in favor of Barrett’s confirmation despite her opposition to the judge’s nomination itself.

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