Fox News contributor Andy McCarthy told “America’s Newsroom” on Tuesday that the Supreme Court’s role is to be “modest” and let us govern ourselves. The former federal prosecutor emphasized the difference between judicial activism and constitutional conservatism when it comes to the legal system.
ANDY MCCARTHY: What you are hitting on is really the difference between being a progressive jurist and a constitutional conservative. Progressive courts, activist courts pronounce outcomes that take decision-making away from democracy, take it away from our democratic self-determination. What makes a constitutional conservative justice a conservative justice is not about imposing conservative outcomes on the country, it is about what the court’s role is in a democracy. And the court’s role in a democracy is to be modest and to jump in only when the Constitution absolutely requires it and otherwise, they are supposed to let us govern ourselves, which is what happened with abortion up until 1973.
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