Sen. Ed Markey calls judicial originalism "just a fancy word for discrimination"

by Laura Mize · Oct 27th, 2020 2:31 pm

Facebook / Senator Edward J. Markey

Last Updated Oct 28th, 2020 at 9:16 pm

On the floor of the U.S. Senate Monday, Sen. Ed Markey (D-MA) criticized judicial originalism as he spoke against confirming Judge Amy Coney Barrett to the U.S. Supreme Court.

"Originalism is racist," Markey told his colleagues in the Senate. "Originalism is sexist. Originalism is homophobic. Originalism is just a fancy word for discrimination ... For originalists, LGBT stands for ‘let's go back in time.'"

Markey offered his remarks on originalism as he criticized the judicial approach that Barrett and her mentor, late Justice Antonin Scalia, have espoused. When considering legal documents, originalist judges interpret the document in the way it was meant at the time it was written.

Markey also told the Senate that "we can't have both" the Affordable Care Act and Barrett as a Supreme Court justice.

Markey later shared his statement about originalism on Twitter.


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