Ari Fleischer: Democrats See Supreme Court as ‘Auxiliary Legislature’

By Melanie Arter | October 14, 2020 | 2:46pm EDT
The US Supreme Court (Photo by SAUL LOEB/AFP via Getty Images)
The US Supreme Court (Photo by SAUL LOEB/AFP via Getty Images)

( - Democrats and Republicans view the role of the Supreme Court differently, Ari Fleischer, who served as White House press secretary for former President George W. Bush, said Wednesday.

Democrats see the role of the Supreme Court as the place to get law enacted that they can’t get through Congress, because they don’t have the will of the people, Fleischer said on Fox News’ “The Daily Briefing.”

However, Republicans see the high court more narrowly, as a place to settle disputes about how to interpret the law.

“I think there was one constant stream going through the hearings, and the Wall Street Journal  editorialized it this morning. The Democrats see the Supreme Court as an auxiliary legislature. They see the Supreme Court as the place to get enacted into law that which they don't have a majoritarian ability to pass through the United States Congress, because they don't have the will of the people to pass it or the will of the legislature, Fleischer said. 

“Republicans see the Supreme court in a much narrower vein of settling disputes, particularly disputes about how to interpret the law, and it's a gulf of difference between how a Republican or Democrat views what the role of the Supreme Court justice is,” he said.

“That's why they're treating her as if she's nominated to be secretary of health and human services, because it's all to them about passing legislation through the courts, not about her judicial philosophy and her abilities as a judge,” Fleischer added.

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