Who Is Judge Amy Coney Barrett, Trump's Expected Supreme Court Pick? | WSJ

The Wall Street Journal

Barrett's Expected Nomination

Judge Amy Coney Barrett expected to be Trump's pick for Ruth Bader Ginsburg's Supreme Court seat
Would become court's 6th conservative vote if confirmed by Senate
At 48 years old, could shape high court for decades
Presidential impact on court increases with longer justice tenure

Long expressed affinity for late Justice Antonin Scalia (former clerk)
Supports originalism - interpreting Constitution according to original meaning
Quote: "Justice Scalia's philosophy of judging was not only right as a matter of constitutional structure but it was also self-discipline"
Returned to Notre Dame (alma mater) for academic career, still teaches law
Well-known in conservative legal circles, spoke nationally about Supreme Court's role

Believes legislative change should not be bypassed through court litigation
Quote: "When legislative change is slow because people increasingly see the court as a political institution when they can't accomplish things in the legislature they try to litigate it"
Argues it's "faster to get it through the justices than to convince their citizens and citizens in the legislative process"

Used transgender students' restroom access as example of judicial overreach
Students argued 1972 civil rights law (Title IX) violation
Title IX prohibits education discrimination based on sex
Barrett's position: "When Title IX was enacted it's pretty clear that no one including the congress that enacted that statute would have dreamed of that result"
Suggested legislative change needed: "Maybe things have changed so that we should change Title IX but it does seem to strain the text of the statute"

Emphasized judge's personal opinions shouldn't influence decisions
Quote: "If I express a personal view on any of these matters it might give the misimpression that my personal view is what would drive the decision of a case"
Refused to share personal views on landmark Supreme Court rulings, even to supportive Republicans

Declined to share personal thoughts on Griswold v. Connecticut (1965)
- Case struck down state law preventing married couples from using contraception
- Established constitutional right to privacy
Response to privacy rights question: "The court has quite clearly held that there is"
When pressed on personal agreement: "Whether I agree or disagree would be beside the point to the discharge of my duties"
Explained reluctance: "Whether I have personal views that would be appropriate to share in this context given the misimpression it could give litigants"

Both parties asked about potential to overturn Roe v. Wade
Confirmed would follow Supreme Court precedent on abortion
Refused to state if Roe was correctly decided
Quote: "I can't as a nominee offer an opinion because I don't want to give the impression that I would treat some precedents as more binding or more valuable than others"
Committed: "I would apply Roe and its progeny just like I would apply all Supreme Court precedent"

Applied originalist principles to felon gun rights case
Found "historically based arguments for the constitutionality of depriving felons of their right to possess firearms"
Concluded "there was no blanket authorization to just take guns away from someone who committed a felony"

Progressives worry Barrett would create more conservative Supreme Court blocking their aspirations
Barrett believes elected representatives, not courts, should lead social change
Personal quote: "The who decides question just as a personal matter is really important to me and so I guess I worry a lot about that who decides question about our decisions and my voice kind of getting taken away"
Irony noted: "Now Barrett may herself become the one who decides"

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