Family Research Council

Action

Urge your Senators to Oppose Confirmation of David Barron
May 19, 2014 - Monday

Right now the Senate is considering whether to reject one of Obama's most radical nominees to the federal bench. If you act now and contact your Senators, he can be blocked.

David Barron has been the source of considerable controversy for both sides of the aisle. In 2010 he authored legal memos on behalf of the Obama Administration justifying the extra-judicial killing of American citizens via drone strike. Since then, the White House has refused to release these memos and has denied the public any glimpse into how Barron handled important legal questions regarding the due process clause of the Constitution and the Fifth Amendment's right to trial by jury.

The fact that David Barron authored memos that even the Left finds alarming and unprecedented should give anyone pause.

Barron is a warrior for what he calls "progressive Constitutionalism," a viewpoint that sees the Constitution as a "dynamic document" in need of interpretation in the light of the "progressive tradition" to avoid the pitfalls and "deficiencies" of originalism.

Barron openly embraces judicial activism in creating and defending abortion rights. As he explains it, sometimes you need to fudge a little bit to get what you want: "unfortunately clarity, candor and activism cannot co-exist without raising serious democratic objections, for some constitutional principles [such as those in Roe] demand flouting popular will. Thus, given the costs of foregoing activism, candor and clarity seem a preferable choice for sacrifice."

There is little doubt that Professor Barron, if confirmed, would use his position on the First Circuit to legislate from the bench. The role of a judge is to apply the law to the facts, not to abuse an unelected post in advancing preferred policies against the will of the people.

Please urge your Senators to oppose confirmation of David Barron to a lifetime appointment to the First Circuit Court of Appeals.