The U.S. Senate is scheduled to take action on the dangerous nomination of David J. Barron to the United States Court of Appeals for the First Circuit.
We need you to please call our U.S. Senators Dick Durbin and Mark Kirk now and ask them to OPPOSE this radical nominee. The Capitol Switchboard number is (202) 224-3121.
Barron believes in what he calls “progressive constitutionalism,” which sees the Constitution as a living, breathing document that can be shaped to whatever the progressive judge believes is appropriate at any given moment.
Here is Barron writing for the Harvard Law and Policy Review:
It has long been a precept of the progressive view that the Constitution is not frozen. … Its provisions are, in important respects, simply too open-ended and forward looking for that not to be the case, and the deficiencies of a pure originalism are now too well known. The Constitution is, as Richard Fallon recently put it, a dynamic document. But for that very reason, the task for progressive constitutionalism, as I see it, is to engage with the substance of constitutional interpretation in light of new understandings of the progressive tradition itself. …
If Barron is elevated to the appellate court, his judicial philosophy will allow him to do whatever he wants, given his lifetime appointment. You might have seen in the news that he has even argued in a memo to the White House that it would be okay for a president to kill Americans using drones, without due process of law as required by the U.S. Constitution. The White House does not want to release that memo to the public.
Barron’s views are so radical, even the ultra-liberal American Civil Liberties Union is asking the White House to release those memos.
Take ACTION: Click HERE to send an email or a fax to Senators Durbin and Kirk to ask them to reject this judicial nominee. The U.S. Senate is scheduled to consider this nomination later today or tomorrow, the senators need to hear from you now! Tell them simply: David Barron should not be confirmed.
