Amy Coney Barrett
Amy Coney Barrett
Amy Coney Barrett in 2018
|Associate Justice of the Supreme Court of the United States|
|Assumed office |
October 27, 2020
|Nominated by||Donald Trump|
|Preceded by||Ruth Bader Ginsburg|
|Judge of the United States Court of Appeals for the Seventh Circuit|
November 2, 2017 – October 26, 2020
|Nominated by||Donald Trump|
|Preceded by||John Daniel Tinder|
Amy Vivian Coney
January 28, 1972
New Orleans, Louisiana, U.S.
|Spouse(s)||Jesse Barrett (m. 1999)|
|Education||Rhodes College (BA)|
University of Notre Dame (JD)
Amy Vivian Coney Barrett (born January 28, 1972) is an American lawyer, jurist, and former academic who serves as an associate justice of the Supreme Court of the United States. She is the fifth woman to serve on the Supreme Court of the United States. She was nominated by President Donald Trump and has served since October 27, 2020. She previously was a United States circuit judge on the United States Court of Appeals for the Seventh Circuit from 2017 to 2020. Barrett is the fifth woman to serve on the Supreme Court and the youngest.
Trump nominated Barrett to the Seventh Circuit, and the US Senate confirmed her on October 31, 2017. Before and while serving on the federal bench, she has been a professor of law at Notre Dame Law School, where she has taught civil procedure, constitutional law, and statutory interpretation.
On September 26, 2020, Trump announced his intention to nominate Barrett to succeed Ruth Bader Ginsburg on the Supreme Court of the United States. The next month, the United States Senate voted 52–48 to confirm her nomination, with all Democratic Party senators opposed and all but one Republican Party senator (Susan Collins) in favor.
Early life and education
Amy Vivian Coney was born in 1972 in New Orleans, Louisiana, the daughter of Linda (née Vath) and Michael Coney. She is the eldest of seven children and has five sisters and a brother. Her father worked as an attorney for Shell Oil Company and her mother was a high school French teacher and homemaker. Barrett has Irish and French ancestry. Her great-great-great-grandparents on her mother's side were from Ballyconnell, Co Cavan, Ireland, while there is also Irish blood among her father's ancestors. Her great-great-grandparents emigrated from France to New Orleans. Her family is devoutly Catholic, and her father is an ordained deacon at St. Catherine of Siena Parish in Metairie, Louisiana, where she grew up.
She attended St. Mary's Dominican High School, an all-girls Roman Catholic high school, from which she graduated in 1990. She was student body vice president of the high school. After high school, Barrett attended Rhodes College, where she majored in English literature and minored in French. She graduated in 1994 with a Bachelor of Arts magna cum laude and was inducted into Omicron Delta Kappa and Phi Beta Kappa. In her graduating class, she was named most outstanding English department graduate. She then attended the Notre Dame Law School on a full-tuition scholarship. She was an executive editor of the Notre Dame Law Review and graduated in 1997 ranked first in her class with a Juris Doctor summa cum laude.
Clerkships and private practice
Barrett spent two years as a judicial law clerk after law school, first for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit from 1997 to 1998, and then for Justice Antonin Scalia of the U.S. Supreme Court from 1998 to 1999.
From 1999 to 2002, Barrett practiced law at Miller, Cassidy, Larroca & Lewin, a boutique law firm for litigation in Washington, D.C., that merged with the Houston, Texas-based law firm Baker Botts in 2001. While at Baker Botts, she worked on Bush v. Gore, the lawsuit that grew out of the 2000 United States presidential election, providing research and briefing assistance for the firm's representation of George W. Bush.
Teaching and scholarship
Barrett served as a visiting associate professor and John M. Olin Fellow in Law at George Washington University Law School for a year before returning to her alma mater, Notre Dame Law School, in 2002. At Notre Dame, she taught federal courts, evidence, constitutional law, and statutory interpretation. In 2007, she was a visiting professor at the University of Virginia School of Law. Barrett was named a professor of law in 2010, and from 2014 to 2017 held the Diane and M.O. Miller II Research Chair of Law. Her scholarship focused on constitutional law, originalism, statutory interpretation, and stare decisis. Her academic work has been published in the Columbia, Cornell, Virginia, Notre Dame, and Texas law reviews.
At Notre Dame, Barrett received the "Distinguished Professor of the Year" award three times. From 2011 to 2016, she spoke on constitutional law at Blackstone Legal Fellowship, a summer program for law school students that the Alliance Defending Freedom established to inspire a "distinctly Christian worldview in every area of law". While serving on the Seventh Circuit, Barrett commuted between Chicago and South Bend, continuing to teach courses on statutory interpretation and constitutional theory.
In 2010, Chief Justice John Roberts appointed Barrett to serve on the Advisory Committee for the Federal Rules of Appellate Procedure.
Circuit Court of Appeals (2017–2020)
Nomination and confirmation
On May 8, 2017, President Donald Trump nominated Barrett to the United States Court of Appeals for the Seventh Circuit after Judge John Daniel Tinder took senior status. A Senate Judiciary Committee hearing on her nomination was held on September 6, 2017. During the hearing, Senator Dianne Feinstein questioned Barrett about a law review article Barrett co-wrote in 1998 with Professor John H. Garvey in which they argued that Catholic judges should in some cases recuse themselves from death penalty cases due to their moral objections to the death penalty. Asked to "elaborate on the statements and discuss how you view the issue of faith versus fulfilling the responsibility as a judge today," Barrett said that she had participated in many death-penalty appeals while serving as law clerk to Scalia, adding, "My personal church affiliation or my religious belief would not bear on the discharge of my duties as a judge" and "It is never appropriate for a judge to impose that judge's personal convictions, whether they arise from faith or anywhere else, on the law." Barrett emphasized that the article was written in her third year in law school and that she was "very much the junior partner in our collaboration." Worried that Barrett would not uphold Roe v. Wade given her Catholic beliefs, Feinstein followed Barrett's response by saying, "the dogma lives loudly within you, and that is a concern."
The hearing made Barrett popular with religious conservatives. Feinstein's and other senators' questioning was criticized by some Republicans and other observers, such as university presidents John I. Jenkins and Christopher Eisgruber, as an improper inquiry into a nominee's religious belief that employed an unconstitutional "religious test" for office; others, such as Nan Aron, defended Feinstein's line of questioning.
Lambda Legal, an LGBT civil rights organization, co-signed a letter with 26 other gay rights organizations opposing Barrett's nomination. The letter expressed doubts about her ability to separate faith from her rulings on LGBT matters. During her Senate hearing, Barrett was questioned about landmark LGBTQ legal precedents such as Obergefell v. Hodges, United States v. Windsor, and Lawrence v. Texas. She said these cases are "binding precedents" that she intended to "faithfully follow if confirmed" to the appeals court, as required by law. The letter Lambda Legal co-signed read, "Simply repeating that she would be bound by Supreme Court precedent does not illuminate—indeed, it obfuscates—how Professor Barrett would interpret and apply precedent when faced with the sorts of dilemmas that, in her view, 'put Catholic judges in a bind.'"
Barrett's nomination was supported by every law clerk she had worked with and all of her 49 faculty colleagues at Notre Dame Law school. 450 former students signed a letter to the Senate Judiciary Committee supporting her nomination.
On October 5, 2017, the Senate Judiciary Committee voted 11–9 on party lines to recommend Barrett and report her nomination to the full Senate. On October 30, the Senate invoked cloture by a vote of 54–42. It confirmed her by a vote of 55–43 on October 31, with three Democrats—Joe Donnelly, Tim Kaine, and Joe Manchin—voting for her. She received her commission two days later. Barrett is the first and only woman to occupy an Indiana seat on the Seventh Circuit.
On the Seventh Circuit, Barrett wrote 79 majority opinions (including two that were amended and one that was withdrawn on rehearing), four concurring opinions (one a per curiam opinion), and six dissenting opinions (six published and one in an unpublished order).
Title IX of the Education Amendments of 1972
In June 2019, the court, in a unanimous decision written by Barrett, reinstated a suit brought by a male Purdue University student (John Doe) who had been found guilty of sexual assault by Purdue University, which resulted in a one-year suspension, loss of his Navy ROTC scholarship, and expulsion from the ROTC affecting his ability to pursue his chosen career in the Navy. Doe alleged the school's Advisory Committee on Equity discriminated against him on the basis of his sex and violated his rights to due process by not interviewing the alleged victim, not allowing him to present evidence in his defense, including an erroneous statement that he confessed to some of the alleged assault, and appearing to believe the victim instead of the accused without hearing from either party or having even read the investigation report. The court found that Doe had adequately alleged that the university deprived him of his occupational liberty without due process in violation of the Fourteenth Amendment and had violated his Title IX rights "by imposing a punishment infected by sex bias", and remanded to the District Court for further proceedings.
In 2017, the Seventh Circuit rejected the federal government's appeal in a civil lawsuit against AutoZone; the Equal Employment Opportunity Commission argued that AutoZone's assignment of employees to different stores based on race (e.g., "sending African American employees to stores in heavily African American neighborhoods") violated Title VII of the Civil Rights Act. Following this, Barrett joined the court as it received a petition for rehearing en banc. Three judges—Chief Judge Diane Wood and judges Ilana Rovner and David Hamilton—voted to grant rehearing, and criticized the three-judge panel's opinion as upholding a "separate-but-equal arrangement". Barrett did not join the panel opinion, but voted with four judges to deny the petition to rehear the case. The petition was unsuccessful by a 5–3 decision.
In 2019, Barrett wrote the unanimous three-judge panel opinion affirming summary judgment in the case of Smith v. Illinois Department of Transportation. Smith was a Black employee who claimed racial discrimination upon his dismissal by the department and that he was called a "stupid-ass nigger" by a Black supervisor; the department claimed Smith failed work-level expectations during probationary periods. Barrett wrote that usage of the racial slur was egregious, but Smith's testimony showed no evidence that his subjective experience of the workplace changed because of the slur, nor did it change the department's fact that his discharge was related to "poor performance".
In June 2020, Barrett wrote a 40-page dissent when the majority upheld a preliminary injunction against the Trump administration's controversial "public charge rule", which heightened the standard for obtaining a green card. In her dissent, she argued that any noncitizens who disenrolled from government benefits because of the rule did so due to confusion about the rule itself rather than from its application, writing that the vast majority of the people subject to the rule are not eligible for government benefits in the first place. On the merits, Barrett departed from her colleagues Wood and Rovner, who held that DHS's interpretation of that provision was unreasonable under Chevron Step Two. Barrett would have held that the new rule fell within the broad scope of discretion granted to the Executive by Congress through the Immigration and Nationality Act. The public charge issue is the subject of a circuit split.
In May 2019, the court rejected a Yemeni citizen and her U.S. citizen husband's challenge to a consular officer's decision to twice deny her visa application under the Immigration and Nationality Act. The U.S. citizen argued that this had deprived him of a constitutional right to live in the United States with his spouse. In a 2–1 majority opinion authored by Barrett, the court held that the plaintiff's claim was properly dismissed under the doctrine of consular nonreviewability. Barrett declined to address whether the husband had been denied a constitutional right (or whether the constitutional right to live in the United States with his spouse existed at all) because the consular officer's decision to deny the visa application was facially legitimate and bona fide, and under Supreme Court precedent, in such a case courts will not "look behind the exercise of that discretion". The dispute concerned what it takes to satisfy this standard. A petition for rehearing en banc was denied, with Chief Judge Wood, joined by Rovner and Hamilton, dissenting. Barrett wrote a rare opinion concurring in the denial of rehearing en banc (joined by Judge Joel Flaum).
Barrett has never ruled directly on abortion, but she did vote to rehear a successful challenge to Indiana's parental notification law in 2019. In 2018, she voted against striking down another Indiana law requiring burial or cremation of fetal remains. In both cases, Barrett voted with the minority. The Supreme Court later reinstated the fetal remains law, and in July 2020 it ordered a rehearing in the parental notification case.
In February 2019, Barrett joined a unanimous panel decision upholding a Chicago "bubble ordinance" that prohibits approaching within a certain distance of an abortion clinic or its patrons without consent. Citing the Supreme Court's buffer zone decision in Hill v. Colorado, the court rejected the plaintiffs' challenge to the ordinance on First Amendment grounds.
In March 2019, Barrett dissented when the court upheld the federal law prohibiting felons from possessing firearms. The majority rejected the as-applied challenge raised by the plaintiff, who had been convicted of felony mail fraud, and upheld the felony dispossession statute as "substantially related to an important government interest in preventing gun violence." In her dissent, Barrett argued that while the government has a legitimate interest in denying gun possession to felons convicted of violent crimes, there is no evidence that denying guns to nonviolent felons promotes this interest, and that the law violates the Second Amendment.
In May 2018, Barrett dissented when the panel majority found that an accused murderer's right to counsel was violated when the state trial judge directly questioned the accused while forbidding his attorney from speaking. Following rehearing en banc, a majority of the circuit's judges agreed with her position.
In August 2018, Barrett wrote for a unanimous panel when it determined that the police had lacked probable cause to search a vehicle based solely upon an anonymous tip that people were "playing with guns", because no crime had been alleged. Barrett distinguished Navarette v. California and wrote, "the police were right to respond to the anonymous call by coming to the parking lot to determine what was happening. But determining what was happening and immediately seizing people upon arrival are two different things, and the latter was premature...Watson's case presents a close call. But this one falls on the wrong side of the Fourth Amendment."
In February 2019, Barrett wrote for a unanimous panel when it found that police officers had been unreasonable to assume "that a woman who answers the door in a bathrobe has authority to consent to a search of a male suspect's residence." Therefore, the district court should have granted the defendant's motion to suppress evidence found in the residence as the fruit of an unconstitutional search.
In January 2019, Barrett wrote for a unanimous panel when it denied qualified immunity to a civil lawsuit sought by a defendant who as a homicide detective had knowingly provided false and misleading information in the probable cause affidavit that was used to obtain an arrest warrant for the plaintiff. (The charges were later dropped and the plaintiff was released.) The court found the defendant's lies and omissions violated "clearly established law" and the plaintiff's Fourth Amendment rights and thus the detective was not shielded by qualified immunity.
In Howard v. Koeller (7th Cir. 2018), in an unsigned order by a three-judge panel that included Barrett, the court found that qualified immunity did not protect a prison officer who had labeled a prisoner a "snitch" and thereby exposed him to risk from his fellow inmates.
In Orchard Hill Building Co. v. U.S. Army Corps of Engineers, 893 F.3d 1017 (7th Cir. 2018), Barrett joined a unanimous panel decision, written by Judge Amy J. St. Eve, in a case brought by a property developer challenging the Corps' determination that a wetland 11 mi (18 km) from the nearest navigable river was among the "waters of the United States." The court found that the Corps had not provided substantial evidence of a significant nexus to navigable‐in‐fact waters under Justice Kennedy's concurrence in the Supreme Court's decision in Rapanos v. United States. The case was remanded to the Corps to reconsider whether such a significant nexus exists between the wetlands in question and navigable waters for it to maintain jurisdiction over the land.
In June 2018, Barrett wrote for the unanimous panel when it found that a plaintiff could not sue Teva Pharmaceuticals for alleged defects in her IUD due to the lack of supportive expert testimony, writing, "the issue of causation in her case is not obvious."
In early September 2020, Barrett joined Wood's opinion upholding the district court's denial of the Illinois Republican Party's request for a preliminary injunction to block Governor J. B. Pritzker's COVID-19 orders.
Civil procedure and standing
In June 2019, Barrett wrote for the unanimous panel when it found that the Fair Debt Collection Practices Act cannot create a cause of action for a debtor who received collection letters lacking notices required by the statute because she suffered no injury-in-fact to create constitutional standing to sue under Article III. Wood dissented from the denial of rehearing en banc. The issue created a circuit split.
In August 2020, Barrett wrote for the unanimous panel when it held that a Teamsters local did not have standing to appeal an order in the Shakman case because it was not formally a party to the case. The union had not intervened in the action, but rather merely submitted a memorandum in the district court opposing a motion, which the Seventh Circuit determined was insufficient to give the union a right to appeal.
Nomination to the Supreme Court
Barrett was on Trump's list of potential Supreme Court nominees since 2017, almost immediately after her court of appeals confirmation. In July 2018, after Justice Anthony Kennedy's retirement announcement, she was reportedly one of three finalists Trump considered, along with Kavanaugh and Judge Raymond Kethledge.
After Kavanaugh's selection in 2018, Barrett was viewed as a possible nominee for a future U.S. Supreme Court vacancy. Ginsburg died on September 18, 2020, and Barrett was widely mentioned as the front-runner to succeed her. On September 26, 2020, Trump announced his intention to nominate Barrett to the Supreme Court.
Barrett's nomination was generally supported by Republicans, who sought to confirm her before the 2020 United States presidential election. She was a favorite among the Christian right and social conservatives. Democrats generally opposed the nomination, and were opposed to filling the court vacancy while election voting was already underway in many states. Democrats were angered by the move to fill the vacancy in a presidential election year only four months before the end of Trump's term, as the Senate Republican majority had refused to consider President Barack Obama's nomination of Merrick Garland in 2016, more than ten months before the end of his presidency.
In October, the American Bar Association rated Barrett "well qualified" for the Supreme Court opening, its highest rating. The ABA confined its evaluation to the qualities of "integrity, professional competence, and judicial temperament". Barrett's nomination came during a White House COVID-19 outbreak. On October 5, Senator Lindsey Graham formally scheduled the confirmation hearing, which began on October 12 as planned and lasted four days. On October 22, the Judiciary Committee reported her confirmation favorably by a 12–0 vote, with all 10 Democrats boycotting the committee meeting. On October 25, the Senate voted mostly along party lines to end debate on the confirmation. On October 26, the Senate confirmed Barrett to the Supreme Court by a vote of 52–48. Every Republican senator except Susan Collins voted to confirm her, whereas every member of the Senate Democratic Caucus voted in opposition. Barrett is the first justice since 1870 to be confirmed without a single vote from the Senate minority party. Straight party-line votes have been called "the new normal" in the Supreme Court confirmation process.
The politicized nature of her appointment was criticized by numerous Democratic politicians, and Senate minority leader Chuck Schumer called it "the most illegitimate process I have ever witnessed in the Senate." Republicans responded that they were merely exercising their constitutional rights, and that accusations of hypocrisy were nothing more than "an unwarranted tantrum from the left".
U.S. Supreme Court (2020–present)
Barrett became the 103rd associate justice of the Supreme Court of the United States on October 27, 2020. On the evening of the confirmation vote, Trump hosted a swearing-in ceremony at the White House. As Barrett requested, Justice Clarence Thomas administered the oath of office to her, the first of two necessary oaths. She took the judicial oath, administered by Chief Justice John Roberts, the next day.
In November 2020, Barrett was assigned to the Seventh Circuit. This assignment's duties include responding to emergency applications to the Court that arise from the circuit's jurisdiction, either by herself or else by referring them to the full Court for review.
Early oral argument participation
On November 4, the Court heard Fulton v. Philadelphia, in which Catholic Social Services is suing the city of Philadelphia over CSS's having been offered a new contract enforcing the city's Fair Practices Ordinance that bars discrimination in accommodations. CSS says that for religious reasons it can not vet potential foster parents who are gay couples. CSS's suit asks the Court to overrule its 1990 decision Employment Division v. Smith, which allows the government to enforce neutral and generally applicable laws without having to make exceptions for individual religions. CSS also contends that even under Smith the Court should find that the faith-based charity had been unfairly targeted by the city, given that the city allows race- and disability-based exceptions within foster-care placements, and Smith held that "where the State has in place a system of individual exemptions, it may not refuse to extend that system to cases of 'religious hardship' without compelling reason." CSS further claims that the law is shown not to be neutral as required under Smith, since the city referred to CSS's motives as "discrimination that occurs under the guise of religious freedom". This argument is similar to the one made in Masterpiece Cakeshop, where the Court held that the government had not enforced the law in a manner that was neutral toward religion. The city of Philadelphia argues that the law is neutral and generally applicable, as required by Smith, and that the Court's ruling in CSS's favor would impinge on the civil rights of not only LGBT individuals but potentially such groups as religious minorities. According to the New York Times, Barrett's questions during the case's oral arguments were "evenhanded and did not reveal her position."
First publicly discernible vote as a justice
On November 26, 2020, Barrett joined the Supreme Court's majority in an unsigned, 5–4 preliminary injunction in favor of the Roman Catholic Diocese of Brooklyn and the Orthodox Jewish organization Agudath Israel of America, saying that certain restrictions New York Governor Andrew Cuomo had imposed on gatherings in houses of worship had likely violated the Free Exercise Clause of the First Amendment. The Court said that the restrictions had likely impinged on the fundamental right of the free exercise of religion without their (in constitutional legal parlance) passing the legal test of "strict scrutiny." Cuomo's order was more restrictive than governmental orders involved in similar cases involving churches in California and Nevada that the Court had allowed to stand by a 5–4 vote in the opposite direction. In dissent, Chief Justice Roberts saw no reason for the Court to intervene before the Second Circuit Court of Appeals reviewed the matter inasmuch as New York State had already substituted revised rules "at least as favorable as the relief they currently seek". Ross Guberman, author of Point Taken: How to Write Like the World’s Best Judges, told the Times he believes Barrett was the principal author of the Court's decision because of its measured tone and word choices, including its use of the word show. In dissent, Justice Sotomayor, joined by Justice Kagan, argued that, according to the Court's Employment Division v. Smith precedent, the case did not warrant application of "strict scrutiny." She wrote: "States may not discriminate against religious institutions, even when faced with a crisis as deadly as this one. But those principles are not at stake today. Justices of this court play a deadly game in second-guessing the expert judgment of health officials about the environments in which a contagious virus, now infecting a million Americans each week, spreads most easily."
Judicial philosophy, academic writings, speeches, and political views
Many of Barrett's academic writings are about a professed imperative that jurists limit their work to determining the meanings of constitutional and statutory texts, reconciling these meanings with Supreme Court precedent, and using such precedent to mediate among various jurisprudential philosophies.
According to an analysis by University of Virginia law professors Joshua Fischman and Kevin Cope, Barrett was the rightmost Seventh Circuit judge, though not statistically distinguishable from six other Republican-appointed judges on the court. Compared to the other Seventh Circuit judges, she was more conservative on civil rights issues and less conservative on cases involving employment discrimination, labor and criminal defendants. According to a review by Reuters, Barrett's Seventh Circuit rulings showed that she mostly sided with police and prison guards when they were accused of excessive force. Due to the judicial doctrine of qualified immunity, police-officer defendants in many of these cases were shielded from civil liability because their actions were deemed not in violation of clearly established law. Jay Schweikert, who advocates for the Court's or Congress's elimination of qualified immunity, believes that her "decisions all look like reasonable applications of existing precedent." Legal commentator Jacob Sullum argues that while Barrett was on the U.S. appellate court she took "a constrained view of the doctrine's scope."
Textualism and originalism
Barrett is considered a textualist and an originalist (of the original-public-meaning, rather than original-intent, variety). According to her, "Originalism is characterized by a commitment to two core principles. First, the meaning of the constitutional text is fixed at the time of its ratification. Second, the historical meaning of the text 'has legal significance and is authoritative in most circumstances.'" For the purpose of "describing the disagreement between originalists and nonoriginalists about the authoritativeness of the original public meaning," she refers to a section of a law review article by Keith E. Whittington, "Originalism: A Critical Introduction", that reads, "Critics of originalism have suggested a range of considerations that might trump original meaning if the two were to come into conflict. From this perspective, fidelity to original meaning is not the chief goal of constitutional theory. ...Confronted with suitably unpleasant results, the nonoriginalist might posit that the original meaning should be sacrificed. Alternatively, we might think that contemporary public opinion should trump original meaning. ...Underlying all these considerations is a view that courts are authorized to impose constitutional rules other than those adopted by the constitutional drafters. ...the originalist must insist that judges not close their eyes to the discoverable meaning of the Constitution and announce some other constitutional rule to supersede it. It is at that point that the originalist and the nonoriginalist must part ways."
Textualism, Barrett says, requires that judges construe statutory language consistent with its "ordinary meaning": "The law is comprised of words—and textualists emphasize that words mean what they say, not what a judge thinks that they ought to say." According to Barrett, "Textualism stands in contrast to purposivism, a method of statutory interpretation that was dominant through much of the 20th century." If a court concludes that statutory language appears to be in tension with a statute's overarching goal, "purposivists argue that a judge should go with the goal rather than the text". For Barrett, textualism is not literalism, nor is it about rigid dictionary definitions. "It is about identifying the plain communicative content of the words".
Barrett clerked for Justice Antonin Scalia, and has spoken and written of her admiration of his adherence to the text of statutes and to originalism, writing: "His judicial philosophy is mine, too. A judge must apply the law as written. Judges are not policymakers, and they must be resolute in setting aside any policy views they may hold." In one article she quoted Scalia on the importance of the original meaning of the Constitution: "The validity of government depends upon the consent of the governed ... [s]o what the people agreed to when they adopted the Constitution ... is what ought to govern us." In a 2017 article in the law review Constitutional Commentary, reviewing a book by Randy E. Barnett, Barrett wrote: "The Constitution's original public meaning is important not because adhering to it limits judicial discretion, but because it is the law. ...The Constitution's meaning is fixed until lawfully changed; thus, the court must stick with the original public meaning of the text even if it rules out the preference of a current majority."
According to Barrett, textualists believe that when a court interprets the words of statutes, it should use the most natural meaning of those words to an ordinary skilled user of words at the time, even if the court believes that the legislature intended that the words be understood in a different sense. If the legislature wishes the words of a statute to carry a meaning different from how a non-legislator would understand them, it is free to define the terms in the statute. As Scalia put it, "[A]ll we can know is that [the legislature] voted for a text that they presumably thought would be read the same way any reasonable English speaker would read it." Scalia insisted that "it is simply incompatible with democratic government, or indeed, even with fair government, to have the meaning of a law determined by what the lawgiver meant, rather than by what the lawmaker promulgated."
Barrett has been critical of legal process theory, which gives a more expansive role to theory in shaping the interpretation of law than do textualism and originalism. She said that one example of the "process-based" approach can be found in King v. Burwell, in which the Supreme Court, for reasons related to the unorthodox legislative process that produced the Affordable Care Act, interpreted the phrase "Exchange established by the State" to mean "Exchange established by the State or the federal government."
Suspension of habeas corpus
In a journal article, "Suspension and Delegation", Barrett noted that constitutionally only Congress has the authority to decide the terms under which habeas corpus may be legitimately suspended. In all but one of the previous suspensions of habeas corpus, Barrett thought that Congress violated the Constitution "by enacting a suspension statute before an invasion or rebellion occurred—and in some instances, before one was even on the horizon." In an educational essay, she sided with the dissenters in Boumediene v. Bush after considering historical factors.
At her 2017 Senate confirmation hearing for the 7th Circuit Court of Appeals, Barrett said she would follow Supreme Court precedent while on the appellate bench. In 2020, during her nomination acceptance speech at the White House Rose Garden, Barrett said, "Judges are not policymakers, and they must be resolute in setting aside any policy views they might hold"; she also said judges "must apply the law as written". She explained her view of precedent in response to questions at the hearing.
In a 2013 article in Texas Law Review on the doctrine of stare decisis, Barrett listed seven cases that she believed should be considered "superprecedents"—cases the court would never consider overturning. They included Brown v. Board of Education and Mapp v. Ohio (incorporating the Fourth Amendment onto the states), but specifically excluded Roe v. Wade (1973). In explaining why it was excluded, Barrett referenced scholarship agreeing that in order to qualify as "superprecedent", a decision must have widespread support from not only jurists but politicians and the public at large to the extent of becoming immune to reversal or challenge (for example, the constitutionality of paper money). She argued that the people must trust a ruling's validity to such an extent that the matter has been taken "off of the court's agenda", with lower courts no longer taking challenges to them seriously. Barrett pointed to Planned Parenthood v. Casey (1992) as evidence that Roe had not attained this status, and quoted Richard H. Fallon Jr.: "[A] decision as fiercely and enduringly contested as Roe v. Wade has acquired no immunity from serious judicial reconsideration, even if arguments for overruling it ought not succeed."
Concerning the relationship of textualism to precedent, Barrett said, "It makes sense that one committed to a textualist theory would more often find precedent in conflict with her interpretation of the Constitution than would one who takes a more flexible, all-things-considered approach." She referenced a study by Michael Gerhardt which found that, as of 1994, no two justices in that century had called for overruling more precedents than justices Scalia and Hugo Black, both of whom were textualists, even though Black was a liberal and Scalia a conservative. Gerhardt also found that during the Rehnquist court's last 11 years, the average number of times a justice called for the overruling of precedent was higher for textualist justices, with one per year coming from Ginsburg (non-textualist) up to just over two per year from Thomas (textualist). Gerhardt wrote that not all the calls for overruling were related to textualism issues, and that one must be careful in the inferences one draws from the numbers, which "do not indicate either why or on what basis the justices urged overruling."
Affordable Care Act
In 2012, Barrett signed a letter criticizing the Obama administration's approach to providing employees of religious institutions with birth control coverage without having the religious institutions pay for it.
Barrett has been critical of the majority opinion written by Chief Justice John Roberts in National Federation of Independent Businesses v. Sebelius (2012), which upheld the constitutionality of the Affordable Care Act's individual mandate. She wrote in 2017: "Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute. He construed the penalty imposed on those without health insurance as a tax, which permitted him to sustain the statute as a valid exercise of the taxing power; had he treated the payment as the statute did—as a penalty—he would have had to invalidate the statute as lying beyond Congress's commerce power."
Barrett opposes abortion. In 2006, she signed an advertisement placed by St. Joseph County Right to Life, an anti-abortion group, in a South Bend, Indiana newspaper. The ad read, "We, the following citizens of Michiana, oppose abortion on demand and defend the right to life from fertilization to natural death. Please continue to pray to end abortion." An unsigned, second page of the advertisement read, "It's time to put an end to the barbaric legacy of Roe v. Wade and restore laws that protect the lives of unborn children." In 2013, Barrett signed another ad against Roe v. Wade that appeared in Notre Dame's student newspaper and described the decision as having "killed 55 million unborn children". The same year, she spoke at two anti-abortion events at the university.
In 1999, Barrett married fellow Notre Dame Law School graduate Jesse M. Barrett, a partner at SouthBank Legal – LaDue Curran & Kuehn LLC, in South Bend, Indiana, and a law professor at Notre Dame Law School. Previously, Jesse Barrett had worked as an Assistant U.S. Attorney for the Northern District of Indiana for 13 years. The couple lives in South Bend and has seven children, two of whom were adopted from Haiti, one in 2005 and one after the 2010 Haiti earthquake. Their youngest biological child has Down syndrome. Jesse's aunt assisted with childcare in their home beginning when the eldest was about one year old.
Barrett is a practicing Catholic. She was raised in the Christian parachurch community People of Praise, an ecumenical covenant community founded in South Bend. Associated with the Catholic charismatic renewal movement but not formally affiliated with the Catholic Church, about 90% of its approximately 1,700 members are Catholic. In People of Praise, Barrett has served as a laypastoral women's leader.
A partial list of Barrett's academic publications:
- Barrett, Amy Coney; Garvey, John H. (1998). "Catholic Judges in Capital Cases". Marquette Law Review. 81: 303–350.
- Barrett, Amy Coney (2003). "Stare Decisis and Due Process". University of Colorado Law Review. 74: 1011–1074.
- Barrett, Amy Coney (2005). "Statutory Stare Decisis in the Courts of Appeals". The George Washington Law Review. 73: 317–352.
- Barrett, Amy Coney (2006). "The Supervisory Power of the Supreme Court". Columbia Law Review. 106: 324–387. JSTOR 4099494.
- Barrett, Amy Coney (2008). "Introduction [Symposium: Stare Decisis and Nonjudicial Actors]". Notre Dame Law Review. 83: 1147–1172.
- Barrett, Amy Coney (2008). "Procedural Common Law" (PDF). Virginia Law Review. 94: 813–888. JSTOR 25470574.
- Barrett, Amy Coney (2010). "Substantive Canons and Faithful Agency" (PDF). Boston University Law Review. 90: 109–182.
- Barrett, Amy Coney (2010). "The Interpretation/Construction Distinction in Constitutional Law: Annual Meeting of the AALS Section on Constitutional Law: Introduction". Constitutional Commentary. 27: 1–8.
- Barrett, Amy Coney (2013). "Precedent and Jurisprudential Disagreement" (PDF). Texas Law Review. 91: 1711–1737.
- Barrett, Amy Coney (2014). "Suspension and Delegation". Cornell Law Review. 99: 251–326.
- Barrett, Amy Coney; Nagle, John Copeland (2016). "Congressional Originalism". University of Pennsylvania Journal of Constitutional Law. 19: 1–44.
- Barrett, Amy Coney (2017). "Countering the Majoritarian Difficulty [review]". Constitutional Commentary. 32: 61–84.
- Barrett, Amy Coney (2017). "Originalism and Stare Decisis". Notre Dame Law Review. 92: 1921–1944.
- Barrett, Amy Coney (2017). "Congressional Insiders and Outsiders". University of Chicago Law Review. 84: 2193–2212. JSTOR 45063672.
- Barrett, Amy Coney; Bernstein, David E.; Clement, Paul D.; Rao, Neomi; Stras, David R. (2018). "Scalia Forum 2019: Panel Discussion" (PDF). George Mason Law Review. 26: 19–28.
- Barrett, Amy Coney (2020). "Assorted Canards of Contemporary Legal Analysis: Redux". Case Western Reserve Law Review. 70: 855–869.
- Donald Trump Supreme Court candidates
- List of federal judges appointed by Donald Trump
- List of law clerks of the Supreme Court of the United States (Seat 9)
- White House COVID-19 outbreak, at a ceremony for Barrett's nomination
- "The Honorable Amy Coney Barrett". SupremeCourt.gov (Press release). October 26, 2020. Retrieved October 27, 2020.
- Amy Coney Barrett at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
- Wolf, Richard. Notre Dame's Amy Coney Barrett likely a front-runner for Supreme Court vacancy Archived September 26, 2020, at the Wayback Machine, South Bend Tribune, September 19, 2020. Retrieved September 19, 2020.
- Simon, Abigail (July 3, 2018). "These Are Trump's Candidates for the Supreme Court". Time. Archived from the original on July 6, 2018. Retrieved July 9, 2018.
Coney Barrett has written extensively about Constitutional originalism, a legal tradition that advocates for an interpretation of the Constitution based on the meaning it would have had at the time it was written.
- "Presidential Nomination 369, 115th United States Congress". United States Congress. May 8, 2017. Archived from the original on June 30, 2018. Retrieved June 30, 2018.
- Staff (May 8, 2017). "Trump Names 10 Conservatives It Plans to Nominate to Federal Courts". Chicago Tribune. Archived from the original on September 30, 2017. Retrieved September 29, 2017.
- Holland, Steve; Hurley, Lawrence; Chung, Andrew (September 26, 2020). "Trump announces 'brilliant' conservative judge Barrett as Supreme Court pick". Reuters. Archived from the original on September 26, 2020. Retrieved September 26, 2020.
- Miller, Zeke; Mascaro, Lisa; Clare Jalonick, Mary (September 26, 2020). "Trump picks conservative Amy Coney Barrett for Supreme Court". Associated Press. Archived from the original on September 26, 2020. Retrieved September 26, 2020.
- Rocha, Veronica (October 26, 2020). "Live updates: Amy Coney Barrett Senate confirmation vote". CNN. Retrieved October 27, 2020.
- Newburger, Emma (September 26, 2020). "Amy Coney Barrett pays homage to conservative mentor Antonin Scalia - 'His judicial philosophy is mine too'". CNBC.
- "Amy Coney Barrett, high court pick, is Antonin Scalia's true heir". The Dallas Morning News. September 26, 2020.
- Biskupic, Joan (October 12, 2020). "Antonin Scalia's legacy looms over the Amy Coney Barrett hearings". CNN.
- Naylor, Brian (October 13, 2020). "Barrett, An Originalist, Says Meaning Of Constitution 'Doesn't Change Over Time'". NPR.
- McCarthy, Tom (October 26, 2020). "Amy Coney Barrett is a constitutional 'originalist' - but what does it mean?". The Guardian – via Yahoo! News.
- Evans, Zachary (October 26, 2020). "Senator Ed Markey Slams Judicial 'Originalism' as 'Racist,' 'Sexist,' and 'Homophobic'". National Review – via Yahoo! News.
- "Who is Amy Coney Barrett? Meet Trump's Supreme Court pick". Chicago Sun-Times. September 25, 2020.
- Covington, Abigail (September 26, 2020). "Who Is Amy Coney Barrett?". Esquire.
- "Amy Coney Barrett: Views, Opinions and Experience". Wall Street Journal. September 26, 2020.
- "Donald Trump nominates Amy Coney Barrett to Supreme Court". The Irish News. September 28, 2020. Retrieved October 27, 2020.
- "Supreme Court Nominee Amy Coney Barrett Confirmation Hearing - Day 3, Part 2". C-SPAN.
- "Dad, deacon, lawyer: Amy Coney Barrett's father shares his testimony of faith". Catholic Voice. Catholic News Agency. September 29, 2020.
- "Deacon Mike Coney". St. Catherine of Siena Parish.
- Stole, Bryn (July 6, 2018). "Amy Coney Barrett: Mother of 7, Metairie native, solid conservative ... next Supreme Court justice?". The Times-Picayune/The New Orleans Advocate. Archived from the original on September 26, 2020. Retrieved September 22, 2020.
- "Louisiana reacts to Amy Coney Barrett's Supreme Court nomination". brproud.com, Baton Rouge. September 26, 2020. Archived from the original on September 30, 2020. Retrieved September 30, 2020.
- Howe, Amy (July 4, 2018). "Potential nominee profile: Amy Coney Barrett". SCOTUSblog. Archived from the original on July 6, 2018. Retrieved July 7, 2018.
- "Hon. Amy Coney Barrett, Professor of Law". Notre Dame, Indiana: University of Notre Dame School of Law. Archived from the original on April 2, 2019. Retrieved March 14, 2019.
- Howe, Amy (September 21, 2020). "Profile of a potential nominee: Amy Coney Barrett". SCOTUSblog. Archived from the original on September 23, 2020.
- Sweet, Lynn; Seidel, Jon (September 24, 2020). "How Amy Coney Barrett went from Notre Dame to Supreme Court frontrunner". Chicago Sun-Times. Retrieved September 29, 2020.
- Carr, Thomas B. (July 26, 2004). "Letters to the Editor: 'Now-Defunct' Miller, Cassidy". National Law Journal. Archived from the original on September 30, 2017. Retrieved September 29, 2017. (subscription required)
- Tomazin, Farrah (September 27, 2020). "Five things you should know about Trump's Supreme Court nominee Amy Coney Barrett". The Sydney Morning Herald. Retrieved September 27, 2020.
- Andrew Kragie. "How Amy Coney Barrett Describes Her Legal Career". law360.com. Retrieved October 3, 2020.
- "Hon. Amy Coney Barrett". University of Notre Dame. Archived from the original on April 2, 2019. Retrieved August 19, 2020.
- Taylor, Julia (September 28, 2020). "Judge Amy Coney Barrett: Selected Primary Material". Congressional Research Service. LSB10539. Retrieved September 30, 2020.
- Nicholas, Peter; Radnofsky, Louise (July 5, 2018). "Trump Winnows Down Supreme Court Picks, Focusing on Three". The Wall Street Journal. Archived from the original on July 6, 2018. Retrieved July 5, 2018.
- Brown, Emma; Swaine, Jon (September 27, 2020). "Amy Coney Barrett, Supreme Court nominee, spoke at program founded to inspire a 'distinctly Christian worldview in every area of law'". The Washington Post. Retrieved September 29, 2020.
- Wren, Adam. "How Amy Coney Barrett's Religious Group Helped Shape a City". Politico. Retrieved September 28, 2020.
- Sheckler, Christian (September 24, 2020). "What Amy Coney Barrett's former Notre Dame colleagues say about her". The Indianapolis Star. Retrieved September 27, 2020.
- "Rescheduled Notice of Committee Hearing". Senate Judiciary Committee. August 4, 2017. Archived from the original on October 6, 2017. Retrieved October 7, 2017.
- Barrett, Amy; Garvey, John (January 1, 1998). "Catholic Judges in Capital Cases". Journal Articles.
- Johnson, Eliana. "How Amy Coney Barrett vaulted onto Trump's Supreme Court shortlist". Politico. Archived from the original on September 23, 2020. Retrieved July 3, 2018.
- "Judicial and Justice Department Pending Nominations". C-SPAN. Archived from the original on September 22, 2020. Retrieved September 13, 2020.
- Gerstein, Josh (September 11, 2017). "Senators take fire over questions for Catholic judicial nominee". Politico. Archived from the original on June 29, 2018. Retrieved June 30, 2018.
- Freking, Kevin (September 11, 2017). "Catholics decry Dems' questioning of judicial pick". The Detroit News. Associated Press. Retrieved September 27, 2020.
- Green, Emma (September 8, 2017). "Should a Judge's Nomination Be Derailed by Her Faith?". The Atlantic. Archived from the original on June 30, 2018. Retrieved July 1, 2018.
- Goodstein, Laurie (September 28, 2017). "Some Worry About Judicial Nominee's Ties to a Religious Group". The New York Times. Archived from the original on September 28, 2017. Retrieved July 4, 2018.
- "Feinstein: 'The dogma lives loudly within you, and that is a concern'". The Washington Post. September 7, 2017. Archived from the original on June 27, 2018. Retrieved June 30, 2018.
- Eisgruber, Christopher L. (September 8, 2017). "Letter from President Eisgruber to the Senate Committee on the Judiciary Regarding the Use of Religious Tests". Princeton University: Office of the President. Archived from the original on October 7, 2017. Retrieved October 7, 2017.
- Aron, Nan (September 15, 2017). "Forget the critics, Feinstein did the right thing by questioning a judicial nominee on her faith and the law". Los Angeles Times. Archived from the original on July 1, 2018. Retrieved June 30, 2018.
- Moreau, Julie (July 8, 2018). "Trump's Supreme Court shortlist alarms LGBTQ advocates". NBC News. Archived from the original on September 22, 2020. Retrieved September 22, 2020.
- Wakefield, Lily (September 22, 2020). "The 'frontrunner' to replace Ruth Bader Ginsburg is a staunch Catholic who believes marriage is between a man and a woman". PinkNews. Archived from the original on September 23, 2020. Retrieved September 23, 2020.
- Boorstein, Michelle; Zauzmer, Julie (July 7, 2018). "Analysis | The story behind potential Supreme Court nominee Amy Coney Barrett's little-known Catholic group, People of Praise". The Washington Post. Archived from the original on June 18, 2020. Retrieved September 23, 2020.
- Howe, Amy (September 21, 2020). "Profile of a potential nominee: Amy Coney Barrett". SCOTUSblog. Archived from the original on September 23, 2020. Retrieved September 23, 2020.
- Freking, Kevin (October 6, 2017). "Committee Recommends Notre Dame Professor Amy Coney Barrett for U.S. Judicial Bench". South Bend Tribune. Associated Press. Archived from the original on October 6, 2017. Retrieved October 7, 2017.
- "Daily Digest/Senate Committee Meetings, Committee on the Judiciary". Congressional Record, 115th Congress, 1st Session. 163 (160): D1059–D1060. October 5, 2017. Archived from the original on October 8, 2017. Retrieved October 7, 2017.
- "U.S. Senate: U.S. Senate Roll Call Votes 115th Congress – 1st Session". senate.gov. Archived from the original on June 13, 2018. Retrieved May 8, 2018.
- Voruganti, Harsh (June 6, 2017). "Professor Amy Coney Barrett – Nominee to the U.S. Court of Appeals for the Seventh Circuit". Archived from the original on October 25, 2019. Retrieved September 22, 2020.
- Doe v. Purdue University, 928 F.3d 652 (7th Cir. 2019).
- Reinhard, Beth; Brown, Emma (September 20, 2020). "Amy Coney Barrett, potential Supreme Court nominee, wrote influential ruling on campus sexual assault". The Washington Post. Archived from the original on September 22, 2020. Retrieved September 23, 2020.
- Weliever, Alexander; Le, Jackie. "Appeals court reverses dismissal of sex-assault lawsuit". Purdue Exponent. Archived from the original on July 6, 2019. Retrieved July 8, 2019.
- Odendahl, Marilyn. "7th Circuit reinstates student case against Purdue in sexual assault case". The Indiana Lawyer. Archived from the original on July 8, 2019. Retrieved July 8, 2019.
- EEOC v. AutoZone, 875 F.3d 860 (7th Cir. 2017).
- "A look at Judge Amy Coney Barrett's notable opinions, votes". Associated Press. October 11, 2020. Retrieved October 13, 2020.
- "TERRY L. SMITH v. ILLINOIS DEPARTMENT OF TRANSPORTATION". uscourts.gov. Retrieved October 13, 2020.
- Cook County v. Wolf, 962 F.3d 208 (7th Cir. 2020).
- Thomsen, Jacqueline (August 5, 2020). "Splitting With Other Circuits, Appeals Court Rules for Trump in 'Public Charge' Case". National Law Journal. Archived from the original on September 26, 2020. Retrieved September 21, 2020.
- Montoya-Galvez, Camilo (August 13, 2020). "Trump administration can enforce green card wealth test in most states, court rules". CBS News. Archived from the original on August 20, 2020. Retrieved September 21, 2020.
- Yafai v. Pompeo, 924 F.3d 969 (7th Cir. 2019). , en banc rev. denied, 924 F.3d 969 (7th Cir. 2019) (per curiam).
- "Dissent Slams 7th Circ.'s Rehearing Denial For Yemeni Couple". Law360. Retrieved August 4, 2020.
- Wolfe, Jan (September 20, 2020). "Notable opinions of U.S. Supreme Court contender Amy Coney Barrett". Reuters. Archived from the original on September 21, 2020. Retrieved September 20, 2020.
- "Notable dissents from Judge Amy Coney Barrett". ABC 17. September 26, 2020. Retrieved September 30, 2020.
- Price v. Chicago, 915 F.3d 1107 (7th Cir. 2019).
- Barnes, Robert (July 2, 2020). "Supreme Court leaves in place laws in Chicago, Pennsylvania that restrict antiabortion protesters". The Washington Post. Retrieved July 9, 2020.
- "Price v. City of Chicago, Illinois". SCOTUSblog. Retrieved July 9, 2020.
- Kanter v. Barr, 919 F.3d 437 (7th Cir. 2019).
- "If Donald Trump gets another Supreme Court pick..." The Economist. May 16, 2019. ISSN 0013-0613. Archived from the original on May 17, 2019. Retrieved May 19, 2019.
- Schmidt v. Foster, 891 F.3d 302 (7th Cir. 2018).
- Mincberg, Elliot (June 1, 2018). "Confirmed Judges, Confirmed Fears: Dissenting Trump Circuit Judge Sides with Trial Court Judge who Interrogated Defendant but Ordered his Lawyer Not to Participate". pfaw.org. People For the American Way.
- "NCLA's Analysis of Hon. Amy Coney Barrett for the U.S. Supreme Court Based on her Administrative State Views" (PDF). nclalegal.org. New Civil Liberties Alliance. September 24, 2020.
- United States v. Watson, 900 F.3d 892 (7th Cir. 2018).
- "7th Circuit says vacated Fourth Amendment case was 'close call'". The Indiana Lawyer. Archived from the original on March 27, 2019. Retrieved March 14, 2019.
- United States v. Terry, 915 F.3d 1141 (7th Cir. 2019).
- Barr, Luke (September 27, 2020). "3 cases that hint at Amy Coney Barrett's views on policing". ABC News. Retrieved October 1, 2020.
- Rainsberger v. Benner, 913 F.3d 640 (7th Cir. 2019).
- "IMPD detective must stand trial on false affidavit in murder". The Indiana Lawyer. Retrieved March 14, 2019.
- "Suit alleging prison officer called man a snitch revived". Chicago Daily Law Bulletin. Retrieved October 1, 2020.
- "Howard v. Koeller & O'Donovan No. 14-CV-667". December 10, 2018.
- "Orchard Hill Bldg. Co. v. US Army Corps of Engineers, 893 F. 3d 1017 – Court of Appeals, 7th Circuit 2018". Google Scholar.
- Cavender, Pillsbury Winthrop Shaw Pittman LLP-Anthony B. "Seventh Circuit Remands "Waters of the United States" Case to Corps of Engineers to Determine Whether there is a "Significant Nexus"". Lexology. Retrieved October 14, 2020.
- Grandoni, Dino. "Analysis | The Energy 202: How Amy Coney Barrett may make it harder for environmentalists to win in court". The Washington Post. ISSN 0190-8286. Retrieved October 14, 2020.
- Dalton v. Teva North America, 891 F.3d 687 (7th Cir. 2018).
- Hogberg, David (September 26, 2020). "Amy Coney Barrett's healthcare record to face heavy scrutiny". Washington Examiner. Archived from the original on October 1, 2020. Retrieved October 2, 2020.
- Katie, Stancombe (June 5, 2018). "7th Circuit Affirms Ruling For Maker In IUD Liability Case". City-County Observer (theindianalawyer.com). Retrieved October 2, 2020.
- Illinois Republican Party v. Pritzker, No. 20-2175 (7th Cir. September 3, 2020).
- Casillas v. Madison Ave. Associates, Inc., 926 F.3d 329 (7th Cir. 2019).
- Stancombe, Katie. "7th Circuit debt collection ruling creates split among circuits". The Indiana Lawyer. Retrieved August 4, 2020.
- "Seventh Circuit's "No Harm, No Foul" Holding Requires Concrete Harm in Consumer Lending Cases". Consumer Finance Legal Report. July 29, 2019. Retrieved August 4, 2020.
- "7th Circuit rejects lawsuit over collection letter, says no harm shown". Reuters. June 5, 2019. Retrieved August 4, 2020.
- Shakman v. Clerk of the Circuit Court of Cook County, 969 F.3d 810 (7th Cir. 2020).
- "Appeals panel ends Teamsters' bid to keep federal hiring monitor out of grievance hearings at Cook court clerk's office". Cook County Record. August 13, 2020. Retrieved October 1, 2020.
- "President Donald J. Trump's Supreme Court List". The White House.
- Estepa, Jessica (June 28, 2018). "Indiana's Amy Coney Barrett on list of 25 likely Supreme Court candidates". Indianapolis Star. Archived from the original on September 11, 2019. Retrieved June 29, 2018.
- Landler, Mark; Haberman, Maggie (July 9, 2018). "Brett Kavanaugh to Supreme Court". The New York Times. Archived from the original on July 10, 2018.
- Seidel, Jon; Sweet, Lynn (July 18, 2018). "Judge Amy Coney Barrett passed over for Supreme Court will stay in spotlight". Chicago Sun-Times. Archived from the original on July 10, 2018. Retrieved September 25, 2018.
- Bennett, Geoff; Pettypiece, Shannon; Alba, Monica. "Amy Coney Barrett emerging as a front-runner to fill Ginsburg's Supreme Court seat". NBC News. Archived from the original on September 19, 2020. Retrieved September 19, 2020.
- Baker, Peter; Fandos, Nicholas (September 26, 2020). "Trump Announces Barrett as Supreme Court Nominee, Describing Her as Heir to Scalia". The New York Times. Retrieved September 28, 2020.
- Fandos, Nicholas; Cochrane, Emily (September 29, 2020). "With Friendly Visits to Republicans, Barrett Makes Her Capitol Debut". The New York Times.
- Brown, Matthew (September 27, 2020). "Fact check: 'Kingdom of God' comment by SCOTUS contender Amy Coney Barrett lacks context in meme". USA Today.
Barrett is a conservative and a favorite among the religious right
- Kirchgaessner, Stephanie (September 26, 2020). "Amy Coney Barrett: spotlight falls on secretive Catholic group People of Praise". The Guardian.
...the Louisiana native and Notre Dame Law graduate, a favorite among Trump's evangelical Christian base...
- Liptak, Adam; Stolberg, Sheryl Gay (September 19, 2020). "Shadow of Merrick Garland Hangs Over the Next Supreme Court Fight". The New York Times.
- Viebeck, Elisa (October 9, 2018). "McConnell signals he would push to fill a Supreme Court vacancy in 2020 despite 2016 example". The Washington Post. Retrieved October 12, 2018.
- Wise, Lindsay (October 15, 2020). "Amy Coney Barrett's Character, Qualifications Discussed by Witnesses". The Wall Street Journal. Retrieved October 18, 2020.
- Noel, Randall D. (October 11, 2020). "Re: Nomination of Amy Coney Barrett to the Supreme Court of the United States" (PDF). American Bar Association. Retrieved October 15, 2020.
- Evans, Zachary (October 5, 2020). "Senator Graham Schedules Judiciary Committee Hearings for Amy Coney Barrett". National Review.
- Fandos, Nicholas (October 12, 2020). "'This is probably not about persuading each other.' Senators began four days of contentious hearings". The New York Times. ISSN 0362-4331. Retrieved October 12, 2020.
- Levine, Marianne; Desiderio, Andrew (October 13, 2020). "Barrett avoids Democrats' questions on Obamacare, abortion". Politico. Retrieved October 13, 2020.
- Wise, Lindsay (October 21, 2020). "Democrats to Boycott Committee Vote on Amy Coney Barrett". Wall Street Journal. Retrieved October 22, 2020.
- Olsen, Tyler (October 22, 2020). "Senate Judiciary Republicans advance Barrett nomination despite Democrats' boycott, committee rules". Fox News. Retrieved October 22, 2020.
- "Senate votes to cut off debate on Barrett confirmation". Rollcall. Retrieved October 25, 2020.
- "U.S. Senate: U.S. Senate Roll Call Votes 115th Congress - 1st Session". www.senate.gov.
- Fandos, Nicholas (October 26, 2020). "Senate Confirms Barrett, Delivering for Trump and Reshaping the Court". The New York Times. ISSN 0362-4331. Retrieved October 26, 2020.
- "U.S. Senate: Supreme Court Nominations: 1789–Present". www.senate.gov. United States Senate. Retrieved October 27, 2020.
- Fausset, Richard (October 27, 2020). "Amy Coney Barrett Sworn In as Supreme Court Justice, Cementing Conservative Majority". The New York Times. Retrieved October 27, 2020.
- Yarvin, Jessica; Bush, Daniel (September 13, 2018). "Is the hyper-partisan Supreme Court confirmation process 'the new normal'?". PBS NewsHour. Retrieved October 27, 2020.
- McEvoy, Jemima (October 22, 2020). "After Boycotting Vote, Senate Democrats Continue To Protest 'Illegitimate' Amy Coney Barrett Confirmation". Forbes. Retrieved October 27, 2020.
- Dorman, Sam (October 26, 2020). "Amy Coney Barrett sworn in as Supreme Court Associate Justice at White House ceremony". Fox News. Retrieved October 26, 2020.
- Meagan Vazquez (October 26, 2020). "White House holds swearing-in ceremony for Amy Coney Barrett". CNN. Retrieved October 26, 2020.
- "Press Release Regarding The Honorable Amy Coney Barrett Oath Ceremony" (Press release). Washington, D.C.: Press Office of the Supreme Court of the United States. October 26, 2020.
- "Supreme Court of the United States case No. 20–542 Republican Party of Pennsylvania v. Kathy Boockvar, Secretary of Pennsylvaania, et al, On Motion to eppedite considaration of the petition for writ of certiorari. At page 1" (PDF). United States Supreme Court. October 28, 2020. Archived from the original (PDF) on November 4, 2020. Retrieved November 10, 2020.
- "United States Court of Appeals For the Seventh Circuit Case No. 19-2092 United States of America v. Hector Uriarte Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:09-cr-00332-3 — Joan B. Gottschall, Judge. At Page 2". United States Court of Appeals for the Seventh Circuit. September 15, 2020. Archived from the original on October 8, 2020. Retrieved November 10, 2020.
- Liptak, Adam (November 2, 2020). "Justice Amy Coney Barrett Hears Her First Supreme Court Argument" – via NYTimes.com.
- Adam Liptak (November 2, 2020). "Justice Amy Coney Barrett Hears Her First Supreme Court Argument". The New York Times.
- Higgins, Tucker (November 4, 2020). "Supreme Court leans in favor of Catholic adoption agency that won't work with LGBT couples". CNBC. Archived from the original on November 16, 2020.
- Howe, Amy (October 28, 2020). "Case preview: Court will tackle dispute involving religious foster-care agency, LGBTQ rights". SCOTUSblog. Retrieved November 7, 2020.
- "Employment Div. v. Smith". United States Supreme Court. 1990. p. 884. Retrieved November 7, 2020.
- "Fulton v. Philadelphia, Reply Brief for Petitioners" (PDF). United States Supreme Court. September 24, 2020. Retrieved November 7, 2020.
- "Fulton v. Philadelphia, Brief for the United States as Amicus Curiae Supporting Petitioners" (PDF). U.S. Supreme Court. June 3, 2020. Retrieved November 7, 2020.
- Holbrook, Opinion by Tim (November 6, 2020). "Opinion: LGBTQ rights may be safe at the Supreme Court -- for now". CNN. Archived from the original on November 6, 2020.
- Michelle Boorstein (November 3, 2020). "Religion: Religious conservatives hopeful new Supreme Court majority will redefine religious liberty precedents". The Washington Post. Archived from the original on November 4, 2020. Retrieved November 10, 2020.
- Liptak, Adam (November 4, 2020). "Supreme Court Weighs Legacy of Same-Sex Marriage Case". The New York Times. Archived from the original on November 8, 2020.
- Liptak, Adam (November 26, 2020). "Splitting 5 to 4, Supreme Court Backs Religious Challenge to Cuomo's Virus Shutdown Order". The New York Times. Retrieved November 27, 2020.
- de Vogue, Ariane (November 26, 2020). "In a 5-4 ruling, Supreme Court sides with religious groups in a dispute over Covid-19 restrictions in New York". CNN. Retrieved November 26, 2020.
- Aaro, David (November 26, 2020). "Supreme Court rules against Cuomo's coronavirus limits -- with Barrett playing key role". Fox News. Retrieved November 26, 2020.
- "Gorsuch Took Aim at Legal Root of Abortion, Birth Control Law While Trashing Chief Justice and Gov. Cuomo".
- "Supreme Court Backs Religious Challenge To New York COVID-19 Restrictions". NPR.org.
- Reporter, Ariane de Vogue, CNN Supreme Court. "In a 5-4 ruling, Supreme Court sides with religious groups in a dispute over Covid-19 restrictions in New York". CNN.
- "Roman Catholic Diocese Of Brooklyn v. Cuomo" (PDF). United States Supreme Court. November 25, 2020. Retrieved November 27, 2020.
- Liptak, Adam (November 26, 2020). "Midnight Ruling Exposes Rifts at a Supreme Court Transformed by Trump" – via NYTimes.com.
- Matthews, Dylan (September 24, 2020). "The legal theories of Amy Coney Barrett, explained". Vox.
- Thomson-DeVeaux, Amelia (October 14, 2020). "How Conservative Is Amy Coney Barrett?". FiveThirtyEight. Retrieved October 14, 2020.
- Hurley, Andrew Chung, Lawrence (October 25, 2020). "Analysis: U.S. Supreme Court nominee Barrett often rules for police in excessive force cases". Reuters. Retrieved October 25, 2020.
- "End Qualified Immunity". Cato Institute.
- Schweikert, Jay (June 15, 2020). "The Supreme Court's Dereliction of Duty on Qualified Immunity". Cato. Retrieved October 26, 2020.
- "These 7th Circuit Decisions Suggest Amy Coney Barrett Takes a Constrained View of Qualified Immunity". October 15, 2020.
- "Written responses by Amy Coney Barrett to questions from senators; see questions 30 and 31 by U.S. Senator Booker and the answers to it by Amy Coney Barrett at page 175 in the document contained within the source". CNN. October 20, 2020. Archived from the original on October 22, 2020. Retrieved October 23, 2020.
- Dias, Elizabeth; Liptak, Adam (September 28, 2020). "To Conservatives, Barrett Has 'Perfect Combination' of Attributes for Supreme Court". The New York Times.
- Bernick, Evan (July 3, 2018). "Judge Amy Coney Barrett on Statutory Interpretation: Textualism, Precedent, Judicial Restraint, and the Future of Chevron". Yale Journal on Regulation.
- Nourse, Victoria (October 4, 2020). "Op-Ed: Why Judge Barrett's legal philosophy is deeply antidemocratic". Los Angeles Times.
- Barrett, Amy Coney; Nagle, John Copeland (October 2016). "Congressional Originalism". Journal of Constitutional Law. Philadelphia, Pennsylvania: University of Pennsylvania. 19 (1): 5–42.
- Kranish, Michael; Barnes, Robert; Boburg, Sahwn; Merimow, Ann E. (September 26, 2020). "Amy Coney Barrett, a disciple of Justice Scalia, is poised to push the Supreme Court further right". The Washington Post. Retrieved September 27, 2020.
- Matthews, Dylan (September 25, 202). "The legal theories of Amy Coney Barrett, explained: An expert explains originalism, the Roberts Court, and what a Justice Barrett might do". Vox.
- Whittington, Keith E. (November 2013). "Originalism: A Critical Introduction". Fordham Law Review. New York City: Fordham University. 82 (2). Retrieved October 11, 2020.
- Barrett, Amy Coney (September 2020). "2019 Sumner Canary Memorial Lecture: Assorted Canards of Contemporary Legal Analysis: Redux". Cleveland, Ohio: Case Western Reserve Law Review. Retrieved October 9, 2020.
- Kendall, Brent (September 20, 2020). "Amy Coney Barrett Is Again a Top Contender for Supreme Court Nomination". The Wall Street Journal. Archived from the original on September 21, 2020. Retrieved September 21, 2020.
- "Confirmation Battle Looms as Trump Picks Barrett for Supreme Court". The New York Times. September 29, 2020. Retrieved September 30, 2020.
- Joseph, Cameron (September 25, 2020). "Trump Plans to Pick Amy Coney Barrett to Replace RBG on the Supreme Court". Vice News. Retrieved September 30, 2020.
- Barrett, Amy Coney (January 3, 2017). "Countering the Majoritarian Difficulty". Constitutional Commentary. St. Paul, Minnesota: University of Minnesota Law School.
- Cross, Jesse M. (Winter 2020). "Legislative History in the Modern Congress" (PDF). Harvard Journal on Legislation. Cambridge, Massachusetts: Harvard University. 57 (1): 93–94.
- Barrett, Amy Coney (2017). "Congressional Insiders and Outsiders". The University of Chicago Law Review. Chicago, Illinois: University of Chicago. 2017: 2193–2212.
- Barrett, Amy Coney (January 2014). "Suspension and Delegation". Cornell Law Review. Ithica, New York. 99 (2): 251–326.
- Huq, Aziz; Ginsburg, Tom (March 23, 2018). "How to Lose Your Constitutional Democracy". UCLA Law Review. Los Angeles, California: UCLA School of Law. 78 (65): 111.
- Barrett, Amy Coney (2020). "The Scope of the Suspension Clause". National Constitution Center.
- Jasinski, Nicholas. "What to Know About Judge Amy Coney Barrett, Trump's Supreme Court Nominee". barrons.com.
- "Barrett Could Be Most Conservative Justice Since Clarence Thomas". news.bloomberglaw.com.
- "10 things you need to know today: September 27, 2020". The Week. September 27, 2020.
- Greenhouse, Linda (October 8, 2020). "Opinion | Questions for Amy Coney Barrett". The New York Times.
- "Video Clip: Judge Amy Coney Barrett on Precedent and Stare Decisis". C-SPAN. October 13, 2020. Retrieved October 28, 2020.
- Barrett, Amy C. (August 22, 2013). "Precedent and Jurisprudential Disagreement" (PDF). Texas Law Review. 91 (7): 1711, 1734–35. Archived (PDF) from the original on July 21, 2020. Retrieved September 26, 2020.
- Fallon Jr., Richard H. (June 1, 2008). "Constitutional Precedent Viewed through the Lens of Hartian Positivist Jurisprudence". North Carolina Law Review. 86 (5): 1116. Retrieved October 11, 2020.
- TODAY, Richard Wolf and Maureen Groppe USA (September 27, 2020). "On key issues: Statements and rulings by Amy Coney Barrett". South Bend Tribune. Retrieved September 27, 2020.
- "Who Is Amy Coney Barrett, Front-Runner For The Supreme Court Nomination?". NPR. Archived from the original on September 25, 2020. Retrieved September 25, 2020.
- "After Justice Ginsburg's Loss, What A New Court Could Mean For The ACA". Health Affairs. doi:10.1377/hblog20200920.954961/full/ (inactive October 27, 2020). Archived from the original on September 22, 2020. Retrieved September 25, 2020.CS1 maint: DOI inactive as of October 2020 (link)
- Liptak, Adam (October 1, 2020). "Amy Coney Barrett, Trump's Supreme Court Pick, Signed Anti-Abortion Ad". The New York Times. Retrieved October 3, 2020.
- Itkowitz, Colby (2020). "Who is Amy Coney Barrett, the judge at the top of Trump's list to replace Ruth Bader Ginsburg?". The Washington Post.
is fervently antiabortion
- Ramesh Ponnuru, Barrett and That Pro-Life Ad, National Review (October 1, 2020).
- Siobhan Hughes & Brent Kendall, Supreme Court Nominee Amy Coney Barrett Signed Antiabortion Ad in 2006, The Wall Street Journal (October 1, 2020).
- "Barrett opposed 'abortion on demand,' raising doubts on Roe". Associated Press. October 1, 2020.
- Papenfuss, Mary (October 10, 2020). "Amy Coney Barrett Submits Additional Anti-Abortion Docs To Senate After Scrutiny". HuffPost. Retrieved October 10, 2020.
- "SouthBank Legal". southbank.legal. Archived from the original on September 21, 2020. Retrieved August 8, 2020.
- Weiss, Debra Cassens (September 21, 2020). "A top SCOTUS contender, Amy Coney Barrett is likely to draw scrutiny for decisions on abortion, campus sex assault". ABA Journal. Retrieved September 29, 2020.
- "Class Notes: Class of 1996". Notre Dame Magazine. Winter 2012–2013. Archived from the original on March 29, 2013. Retrieved May 8, 2017.
- Keeley, Matt (September 20, 2020). "Who is Amy Coney Barrett's family? Potential Supreme Court nominee is a mother of seven and has six siblings". Newsweek. Archived from the original on September 26, 2020. Retrieved September 26, 2020.
- Dias, Elizabeth; Liptak, Adam (September 21, 2020). "Who is Judge Amy Coney Barrett? What to know about the leading contender to replace Justice Ruth Bader Ginsburg". The New York Times. Retrieved October 3, 2020 – via Boston.com.
- Penzenstadler, Nick; McCoy, Kevin (October 5, 2020). "We binge-watched 15 hours of Amy Coney Barrett's speeches. Here's what we learned about her judicial philosophy". USA Today.
- Escobar, Allyson (September 21, 2020). "Why do Catholics make up a majority of the Supreme Court?". America: The Jesuit Review. Archived from the original on September 22, 2020. Retrieved November 13, 2020.
- Boorstein, Michelle (October 16, 2020). "Amy Coney Barrett's People of Praise faith group has had a complicated relationship to Catholicism". Washington Post.
- Parrott, Jeff (July 15, 2018). "Supreme Court opening shines spotlight on local religious group People of Praise". South Bend Tribune. Archived from the original on September 25, 2020.
- Roberts, Judy (September 25, 2020). "The People of Praise Community: What It Actually Is". National Catholic Register. Retrieved September 28, 2020.
- Thorp, Adam (July 5, 2018). "6 things to know about 'People of Praise' and Judge Amy Coney Barrett". Chicago Sun-Times. Archived from the original on September 20, 2020. Retrieved November 13, 2020.
- "High court nominee served as 'handmaid' in religious group". AP NEWS. October 7, 2020.
- Brown, Emma; Swaine, Jon; Boorstein, Michelle. "Amy Coney Barrett served as a 'handmaid' in Christian group People of Praise". The Washington Post.
- Kim, Seung Min; Dawsey, Josh; Barnes, Robert (October 2, 2020). "Supreme Court nominee tested positive for coronavirus this summer, has recovered from the illness". The Washington Post.
- "Members". American Law Institute. Archived from the original on October 16, 2019. Retrieved August 5, 2020.
- Taylor, Julia (September 28, 2020). "Judge Amy Coney Barrett: Selected Primary Material". Congressional Research Service. Archived from the original on October 12, 2020. Retrieved October 13, 2020.
- United States Senate Committee on the Judiciary, Questionnaire for the Nominee to the Court of Appeals for Amy Coney Barrett 115th Cong., 1st Sess., September 2017
- ———, Questionnaire for the Nominee to the Supreme Court for Amy Coney Barret, 116th Cong., 2nd Sess., September 2020
- Congressional Research Service Legal Sidebar LSB10540, President Trump Nominates Judge Amy Coney Barrett: Initial Observations, by Victoria L. Killion (September 28, 2020)
- ——— Legal Sidebar LSB10539, Judge Amy Coney Barrett: Selected Primary Material, Coordinated by Julia Taylor (September 28, 2020)
- ——— Report R46562, Judge Amy Coney Barrett: Her Jurisprudence and Potential Impact on the Supreme Court, Coordinated by Valerie C. Brannon, Michael John Garcia, and Caitlain Devereaux Lewis (October 6, 2020)
- Amy Coney Barrett at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
- Amy Coney Barrett at Ballotpedia
- Appearances on C-SPAN
- Amy Coney Barrett publications indexed by the Scopus bibliographic database. (subscription required)
- Selected Resources on Amy Coney Barrett from the Law Library of Congress
- Nomination Research Guide from the Georgetown University Law Center library
- Profile at Notre Dame Law School
- Official Curriculum vitae by Notre Dame Law School
- The Suspension Clause by Amy Barrett and Neal K. Katyal in the National Constitution Center Interactive Constitution
- Selected works of Amy Barrett, University of Notre Dame: The Law School. Retrieved September 28, 2020
John Daniel Tinder
| Judge of the United States Court of Appeals for the Seventh Circuit
Ruth Bader Ginsburg
| Associate Justice of the Supreme Court of the United States
|U.S. order of precedence (ceremonial)|
as Associate Justice of the Supreme Court
| Order of Precedence of the United States
as Associate Justice of the Supreme Court
Senior Chief Justices of the Supreme Court
Otherwise Sandra Day O'Connor
as Senior Associate Justice of the Supreme Court