Amy Coney Barrett
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Amy Vivian Coney Barrett (born January 28, 1972) is an
associate justice of the Supreme Court of the United States An associate justice of the Supreme Court of the United States is any member of the Supreme Court of the United States other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 18 ...
. The fifth woman to serve on the court, she was nominated by President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pe ...
and has served since October 27, 2020. She was a U.S. circuit judge on the U.S. Court of Appeals for the Seventh Circuit from 2017 to 2020. 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.Amy Coney Barrett
at the Biographical Directory of Federal Judges, a
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publication of the
Federal Judicial Center The Federal Judicial Center is the education and research agency of the United States federal courts. It was established by in 1967, at the recommendation of the Judicial Conference of the United States. According to , the main areas of respon ...
.
On September 26, 2020, Trump nominated Barrett to succeed
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President ...
on the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...
. Her nomination was controversial because the 2020 presidential election was only 38 days away and Senate Republicans had refused to hold hearings for Merrick Garland during an election year in 2016. The next month, the U.S. Senate voted 52–48 to confirm her nomination, with all Democrats and one Republican in opposition. Described as a protégée of Justice
Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectua ...
, for whom she previously clerked, Barrett supports textualism in
statutory interpretation Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meani ...
and originalism in constitutional interpretation. She is generally considered part of a conservative bloc.


Early life and education

Amy Vivian Coney was born in 1972 in
New Orleans New Orleans ( , ,New Orleans
Merriam-Webster.
; french: La Nouvelle-Orléans , es, Nuev ...
,
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a U.S. state, state in the Deep South and South Central United States, South Central regions of the United States. It is the List of U.S. states and territories by area, 20th-smal ...
, to Linda (
née A birth name is the name of a person given upon birth. The term may be applied to the surname, the given name, or the entire name. Where births are required to be officially registered, the entire name entered onto a birth certificate or birth reg ...
Vath) and Michael Coney. The eldest of seven children, she has five sisters and a brother. Her father worked as an attorney for
Shell Oil Company Shell USA, Inc. (formerly Shell Oil Company, Inc.) is the United States-based wholly owned subsidiary of Shell plc, a UK-based transnational corporation "oil major" which is amongst the largest oil company, oil companies in the world. Approxim ...
, and her mother was a high school French teacher and homemaker. Barrett has Irish and French ancestry. Her maternal ancestors were from Ballyconnell,
County Cavan County Cavan ( ; gle, Contae an Chabháin) is a Counties of Ireland, county in Republic of Ireland, Ireland. It is in the Provinces of Ireland, province of Ulster and is part of the Border Region. It is named after the town of Cavan and is base ...
,
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
, while there is also Irish lineage among her father's ancestors. Her great-great-grandparents emigrated from France to New Orleans. Her family is devoutly
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, and her father is an
ordained Ordination is the process by which individuals are Consecration, consecrated, that is, set apart and elevated from the laity class to the clergy, who are thus then authorization, authorized (usually by the religious denomination, denominational ...
deacon A deacon is a member of the diaconate, an office in Christianity, Christian churches that is generally associated with service of some kind, but which varies among theological and denominational traditions. Major Christian churches, such as the ...
at St. Catherine of Siena Parish in Metairie, Louisiana, where she grew up. Barrett attended St. Mary's Dominican High School, an all-girls Roman Catholic high school in New Orleans. She was student body vice president of the school and graduated in 1990. After high school, Barrett attended Rhodes College in
Memphis, Tennessee Memphis is a city in the U.S. state of Tennessee. It is the County seat, seat of Shelby County, Tennessee, Shelby County in the southwest part of the state; it is situated along the Mississippi River. With a population of 633,104 at the 2020 Uni ...
, where she majored in
English literature English literature is literature written in the English language from United Kingdom, its crown dependencies, the Republic of Ireland, the United States, and the countries of the former British Empire. ''The Encyclopaedia Britannica'' defines En ...
and minored in French. She considers herself "somewhat fluent" in French, but with a Louisiana accent. Barrett graduated in 1994 with a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known ...
''
magna cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sou ...
'' and was inducted into Omicron Delta Kappa and
Phi Beta Kappa The Phi Beta Kappa Society () is the oldest academic honor society in the United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, p ...
. In her graduating class, she was named most outstanding English department graduate. Barrett then attended 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 The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice l ...
''summa cum laude''.


Legal career


Clerkships and private practice

Barrett spent two years as a judicial
law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significan ...
after law school, first for judge
Laurence Silberman Laurence Hirsch Silberman (October 12, 1935 – October 2, 2022) was an American lawyer, diplomat, jurist, and government official who served as a United States circuit judge of the United States Court of Appeals for the District of Columbia ...
of the U.S. Court of Appeals for the District of Columbia Circuit from 1997 to 1998, and then for justice
Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectua ...
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 Houston (; ) is the List of cities in Texas by population, most populous city in Texas, the Southern United States#Major cities, most populous city in the Southern United States, the List of United States cities by population, fourth-most pop ...
-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 The 2000 United States presidential election was the 54th quadrennial United States presidential election, presidential election, held on Tuesday, November 7, 2000. Republican Party (United States), Republican candidate George W. Bush, the gover ...
, providing research and briefing assistance for the firm's representation of
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party (United States), Republican Party, Bush family, and son of the 41st ...
.


Teaching and scholarship

In 2001, Barrett was a visiting associate professor and John M. Olin
Fellow A fellow is a concept whose exact meaning depends on context. In learned or professional A professional is a member of a profession or any person who works in a specified professional activity. The term also describes the standards of educ ...
in Law at
George Washington University Law School The George Washington University Law School (GW Law) is the law school of George Washington University, in Washington, D.C. Established in 1865, GW Law is the oldest top law school in the national capital. GW Law offers the largest range of c ...
. In 2002, she joined the faculty of her alma mater, Notre Dame Law School. At Notre Dame, she taught federal courts, evidence, constitutional law, and
statutory interpretation Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meani ...
. In 2007, she was a visiting professor at the
University of Virginia School of Law The University of Virginia School of Law (Virginia Law or UVA Law) is the Law school in the United States, law school of the University of Virginia, a Public university, public research university in Charlottesville, Virginia. It was founded in 1 ...
. Barrett was named a professor of law at Notre Dame in 2010, and from 2014 to 2017 held Notre Dame's 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 Cornell University is a Private Ivy League university, private Statutory college, statutory Land-grant university, land-grant research university based in Ithaca, New York. It is a member of the Ivy League. Founded in 1865 by Ezra Cornell and ...
'', ''
Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic and Southeastern United States, Southeastern regions of the United States, between the East Coast of the United Stat ...
'', '' Notre Dame'', and ''
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
''
law review A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also pro ...
s. 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 A worldview or world-view or ''Weltanschauung'' is the fundamental cognitive orientation of an individual or society encompassing the whole of the individual's or society's knowledge, culture Culture () is an umbrella term which encompas ...
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 John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th Chief Justice of the United States, chief justice of the United States since 2005. Roberts has authored the majority opinion in sever ...
appointed Barrett to serve on the Advisory Committee for the Federal Rules of Appellate Procedure.


Seventh Circuit Court of Appeals (2017–2020)


Nomination and confirmation

On May 8, 2017, President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pe ...
nominated Barrett to the U.S. Court of Appeals for the Seventh Circuit—the federal appellate court covering
Illinois Illinois ( ) is a state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas inc ...
,
Indiana Indiana () is a U.S. state in the Midwestern United States, Midwestern United States. It is the List of U.S. states and territories by area, 38th-largest by area and the List of U.S. states and territories by population, 17th-most populous o ...
, and
Wisconsin Wisconsin () is a U.S. state, state in the Upper Midwest, upper Midwestern United States. Wisconsin is the List of U.S. states and territories by area, 25th-largest state by total area and the List of U.S. states and territories by populatio ...
—after Judge John Daniel Tinder took
senior status Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...
. A
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Department of Ju ...
hearing on her nomination was held on September 6, 2017. During the hearing, Senator
Dianne Feinstein Dianne Goldman Berman Feinstein ( ; born Dianne Emiel Goldman; June 22, 1933) is an American politician who serves as the Seniority in the United States Senate, senior United States Senate, United States senator from California, a seat she ha ...
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 Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest A conflict of interest (COI) is a situation in which a perso ...
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 of the
University of Notre Dame The University of Notre Dame du Lac, known simply as Notre Dame ( ) or ND, is a private Catholic university, Catholic research university in Notre Dame, Indiana, outside the city of South Bend, Indiana, South Bend. French priest Edward Sorin fo ...
and Christopher Eisgruber of
Princeton Princeton University is a private university, private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth, New Jersey, Elizabeth as the College of New Jersey, Princeton is the List of Colonial Colleges, fourth-oldest ins ...
, 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 Lambda Legal Defense and Education Fund, better known as Lambda Legal, is an American civil rights organization that focuses on lesbian, gay, Bisexuality, bisexual, and transgender (LGBT) communities as well as people living with HIV/AIDS (People ...
, 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 A landmark is a recognizable natural or artificial feature used for navigation, a feature that stands out from its near environment and is often visible from long distances. In modern use, the term can also be applied to smaller structures or f ...
LGBTQ legal precedents such as ''
Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark A landmark is a recognizable natural or artificial feature used for navigation, a feature that stands out from its near environment and is often visible from long distances. In modern use, th ...
'', '' 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 A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great ...
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 Cloture (, also ), closure or, informally, a guillotine, is a motion (parliamentary procedure), motion or process in parliamentary procedure aimed at bringing debate to a quick end. The cloture procedure originated in the National Assembly (Fran ...
by a vote of 54–42. It confirmed her by a vote of 55–43 on October 31, with three Democrats—
Joe Donnelly Joseph Simon Donnelly Sr. (born September 29, 1955) is an American attorney, politician, and diplomat who served as a United States Senate, United States senator from Indiana from 2013 to 2019. Since 2022, he has served as the United States Amb ...
,
Tim Kaine Timothy Michael Kaine (; born February 26, 1958) is an American lawyer and politician serving as the Seniority in the United States Senate, junior United States Senate, United States senator from Virginia since 2013. A member of the Democratic ...
, and
Joe Manchin Joseph Manchin III (born August 24, 1947) is an American politician and businessman serving as the Seniority in the United States Senate, senior United States Senate, United States senator from West Virginia, a seat he has held since 2010. A memb ...
—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.


Selected cases

On the Seventh Circuit, Barrett wrote 79 majority opinions (including two that were amended and one that was withdrawn on rehearing), four
concurring opinion In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the Majority opinion, majority of the court, but states different (or additional) reasons as the bas ...
s (one a per curiam opinion), and six
dissenting opinion A dissenting opinion (or dissent) is an Legal opinion, opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opi ...
s (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 Purdue University is a Public university#United States, public Land-grant university, land-grant research university in West Lafayette, Indiana, and the flagship campus of the Purdue University system. The university was founded in 1869 after L ...
student (
John Doe John Doe (male) and Jane Doe (female) are multiple-use placeholder names that are used when the true name of a person is unknown or is being intentionally concealed. In the context of law enforcement in the United States Law enforcement ...
) who had been found guilty of
sexual assault Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or Coercion, coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violenc ...
by Purdue University, which resulted in a one-year suspension, loss of his
Navy ROTC The Naval Reserve Officers Training Corps (NROTC) program is a college-based, commissioned officer training program of the United States Navy and the United States Marine Corps. Origins A pilot Naval Reserve unit was established in September 192 ...
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 Due process of law is application by State (polity), state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the ...
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 Title IX is the most commonly used name for the federal civil rights law in the United States that was enacted as part (Title IX) of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other educat ...
rights "by imposing a punishment infected by sex bias", and remanded to the District Court for further proceedings.


Employment discrimination

In 2017, the Seventh Circuit rejected the federal government's appeal in a civil lawsuit against
AutoZone AutoZone, Inc. is an American retailer of Aftermarket (automotive), aftermarket automotive parts and accessories, the largest in the United States. Founded in 1979, AutoZone has over 6,400 stores across the United States, Mexico, Puerto Rico, Br ...
; the
Equal Employment Opportunity Commission The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discriminatio ...
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 In law, an en banc session (; French language, French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a Legal case, case is heard before all the judges of a court (before the entire Bench (law), bench) ...
''. 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 Racial discrimination is any discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discrim ...
upon his dismissal by the department and that he was called a "stupid-ass
nigger In the English language, the word ''nigger'' is an ethnic slur used against black people, especially African Americans. Starting in the late 1990s, references to ''nigger'' have been progressively replaced by the euphemism , notably in cases ...
" 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 A fact is a datum about one or more aspects of a circumstance, which, if accepted as true and proven true, allows a logical conclusion to be reached on a True and false, true–false evaluation. Standard reference works are often used to Fact- ...
that his discharge was related to "poor performance".


Immigration

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 A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. ("The term 'lawfully admitted for permanent residence' means the status of having been ...
. 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 Chevron (often relating to V-shaped patterns) may refer to: Science and technology * Chevron (aerospace), sawtooth patterns on some jet engines * Chevron (anatomy), a bone * ''Eulithis testata'', a moth * Chevron (geology), a fold in rock lay ...
'' 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 U.S. Immigration and Nationality Act may refer to one of several acts including: * Immigration and Nationality Act of 1952 The Immigration and Nationality Act of 1952 (), also known as the McCarran–Walter Act, codified under Title 8 of the U ...
. The public charge issue is the subject of a
circuit split In United States federal courts, a circuit split occurs when two or more different circuit courts of appeals provide conflicting rulings on the same legal issue. The existence of a circuit split is one of the factors that the Supreme Court of ...
. In May 2019, the court rejected a
Yemen Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the Saudi Arabia–Yemen border, north and ...
i citizen and her U.S. citizen husband's challenge to a consular officer's decision to twice deny her
visa Visa most commonly refers to: * Visa Inc., a US multinational financial and payment cards company ** Visa Debit card issued by the above company ** Visa Electron Visa Electron is a debit card A debit card, also known as a check card or ...
application under the
Immigration and Nationality Act The U.S. Immigration and Nationality Act may refer to one of several acts including: * Immigration and Nationality Act of 1952 The Immigration and Nationality Act of 1952 (), also known as the McCarran–Walter Act, codified under Title 8 of the U ...
. The U.S. citizen argued that this had deprived him of a constitutional right to live in the United States with his spouse.
en banc rev. denied
, 924 F.3d 969 (7th Cir. 2019) (per curiam).
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 In law, an en banc session (; French language, French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a Legal case, case is heard before all the judges of a court (before the entire Bench (law), bench) ...
'' 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).


Abortion-related cases

Barrett had never ruled directly on
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregnan ...
before joining the Supreme Court, 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 Cremation is a method of Disposal of human corpses, final disposition of a Cadaver, dead body through Combustion, burning. Cremation may serve as a funeral or post-funeral rite and as an alternative to burial. In some countries, including India ...
of fetal remains. In both cases, Barrett voted with the minority. The Supreme Court later reinstated the
fetal A fetus American and British English spelling differences#ae and oe, or foetus (; plural fetuses, feti, foetuses, or foeti) is the unborn offspring that develops from an animal embryo. Following embryonic development the fetal stage of developm ...
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 Abortion is the termination of a pregnancy Pregnancy is the time during which one or more offspring develops (gestation, gestates) inside a woman, woman's uterus (womb). A multiple birth, multiple pregnancy involves more than one of ...
or its patrons without consent. Citing the Supreme Court's
buffer zone A buffer zone is a neutral zonal area that lies between two or more bodies of land, usually pertaining to countries A country is a distinct part of the world In its most general sense, the term "world" refers to the totality of ...
decision in '' Hill v. Colorado'', the court rejected the plaintiffs' challenge to the ordinance on
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record A world record is usually the best global and most important performance that is ever recorded and officially verified in a specific skill, ...
grounds.


Second Amendment

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 plaintiff Rickey Kanter, who had been convicted of felony
mail fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to fraud, defraud another, and are Federal crime in the United States, federal crimes there. Jurisdiction is claimed by the ...
, 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 The second (symbol: s) is the unit of time Time is the continued sequence of existence and event (philosophy), events that occurs in an apparently irreversible process, irreversible succession from the past, through the present, into the ...
. President Trump pardoned Kanter in December 2020.


Criminal procedure

In May 2018, Barrett dissented when the panel majority found that an accused murderer's
right to counsel In criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and welfare, moral welfare of people inclusive of one ...
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 In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or f ...
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.


Qualified immunity

In January 2019, Barrett wrote for a unanimous panel when it denied
qualified immunity In the United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, state ...
to a civil lawsuit sought by a defendant who as a homicide detective had knowingly provided false and misleading information in the
probable cause In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or f ...
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or ''deposition (law), deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law ...
that was used to obtain an
arrest warrant An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property. Canada Arrest warrants are issued by a ...
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.


Environment

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 Corps (; plural ''corps'' ; from French , from the Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber a ...
' determination that a
wetland A wetland is a distinct ecosystem that is flooded or saturated by water, either permanently (for years or decades) or seasonally (for weeks or months). Flooding results in oxygen-free (Anoxic waters, anoxic) processes prevailing, especially in t ...
from the nearest
navigable A body of water, such as a river, canal or lake, is navigable if it is deep, wide and calm enough for a water vessel (e.g. boats) to pass safely. Such a navigable water is called a ''waterway'', and is preferably with few obstructions against dir ...
river was among the " waters of the United States." The court found that the Corps had not provided substantial evidence of a significant
nexus NEXUS is a joint Canada Border Services Agency and U.S. Customs and Border Protection-operated Trusted Traveler and Border control#Expedited border controls, expedited border control program designed for pre-approved, low-risk travelers. Members ...
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.


Consumer protection

In June 2018, Barrett wrote for the unanimous panel when it found that a plaintiff could not sue
Teva Pharmaceuticals Teva Pharmaceutical Industries Ltd. (also known as Teva Pharmaceuticals) is an Israeli multinational pharmaceutical company with headquarters in Tel Aviv, Israel. It specializes primarily in generic drugs, but other business interests include a ...
for alleged defects in her
IUD An intrauterine device (IUD), also known as intrauterine contraceptive device (IUCD or ICD) or coil, is a small, often T-shaped birth control Birth control, also known as contraception, anticonception, and fertility control, is the use ...
due to the lack of supportive expert testimony, writing, "the issue of causation in her case is not obvious."


Coronavirus measures

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 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case was COVID-19 pandemic in Hubei, identified in Wuhan, China, in December ...
orders. On August 12, 2021, she rejected a challenge to
Indiana University Indiana University (IU) is a state university system, system of Public university, public universities in the U.S. state of Indiana. Campuses Indiana University has two core campuses, five regional campuses, and two regional centers under the ...
's vaccine mandate, marking the first legal test of COVID-19 vaccine mandates before the
Supreme Court A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of ju ...
.


Civil procedure and standing

In June 2019, Barrett wrote for the unanimous panel when it found that the
Fair Debt Collection Practices Act The Fair Debt Collection Practices Act (FDCPA), Pub. L. 95-109; 91 Stat. 874, codified as –1692p, approved on September 20, 1977 (and as subsequently amended) is a consumer protection Consumer protection is the practice of safeguarding ...
cannot create a
cause of action A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a ...
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 The International Brotherhood of Teamsters (IBT), also known as the Teamsters Union, is a trade union, labor union in the United States and Canada. Formed in 1903 by the merger of The Team Drivers International Union and The Teamsters National ...
local Local may refer to: Geography and transportation * Local (train) In rail transport, a train (from Old French , from Latin , "to pull, to draw") is a series of connected vehicles that run along a railway track and Passenger train, transport ...
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 Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the fed ...
'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. After the death of Associate Justice Ruth Bader Ginsburg on September 18, 2020, Barrett was widely mentioned as the front-runner to succeed her. On September 26, 2020, Trump announced his intention to nominate Barrett to fill the vacancy created by Ginsburg's death. Barrett's nomination was generally supported by Republicans, who sought to confirm her before the
2020 United States presidential election The 2020 United States presidential election was the 59th quadrennial United States presidential election, presidential election, held on Tuesday, November 3, 2020. The Democratic Party (United States), Democratic ticket of former Vice Pres ...
. She was a favorite among the
Christian right The Christian right, or the religious right, are Christian Christians () are people who follow or adhere to Christianity Christianity is an Abrahamic religions, Abrahamic Monotheism, monotheistic religion based on the Life of Jesus i ...
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. Many observers were angered by the move to fill the vacancy only four months before the end of Trump's term, as the Senate Republican majority had refused to consider President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
's nomination of Merrick Garland in 2016, more than ten months before the end of his presidency. In October, the
American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities ar ...
rated Barrett "well qualified" for the Supreme Court opening, its highest rating. The ABA confines its evaluation to the qualities of "integrity, professional competence, and judicial temperament". Barrett's nomination came during a
White House COVID-19 outbreak The White House COVID-19 outbreak was a cluster of Severe acute respiratory syndrome coronavirus 2, SARS-CoV-2 infections that began in September 2020 and ended in January 2021 that spread among people, including many Federal government of th ...
. On October 5, Senator
Lindsey Graham Lindsey Olin Graham (born July 9, 1955) is an American lawyer and politician serving as the Seniority in the United States Senate, senior United States Senate, United States senator from South Carolina, a seat he has held since 2003. A member of ...
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, 30 days after her nomination and 8 days before the 2020 presidential election. Every Republican senator except
Susan Collins Susan Margaret Collins (born December 7, 1952) is an American politician serving as the Seniority in the United States Senate, senior United States senator from Maine. A member of the Republican Party (United States), Republican Party, she ha ...
voted to confirm her, whereas every member of the
Senate Democratic Caucus The Democratic Caucus of the United States Senate, sometimes referred to as the Democratic Conference, is the formal organization of all senators who are part of the Democratic Party (United States), Democratic Party in the United States Senate. ...
voted in opposition. Barrett is the first justice since 1870 to be confirmed without a single vote from the Senate minority party. The nature of her appointment was criticized by numerous Democratic politicians; Senate minority leader
Chuck Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as Senate Majority Leader since January 20, 2021. A member of the Democratic Party (United States), Democratic Party, Schumer is in his fourth Senate term, hav ...
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 An associate justice of the Supreme Court of the United States is any member of the Supreme Court of the United States other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 18 ...
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 Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He Clarence Thomas Supreme Court nomination, was nominated by President George H. W. Bush to succeed Th ...
administered the oath of office to her, the first of two necessary oaths. She took the judicial oath, administered by Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th Chief Justice of the United States, chief justice of the United States since 2005. Roberts has authored the majority opinion in sever ...
, the next day. Upon joining the Court, Barrett became the only justice who did not receive her Juris Doctor from
Harvard Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the History of the Puritans in North America, Puritan clergyman John Harvard ...
or
Yale Yale University is a Private university, private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the List of Colonial Colleges, third-oldest institution of higher education in the United Sta ...
. She is also the first justice without an
Ivy League The Ivy League is an American collegiate List of NCAA conferences, athletic conference comprising eight Private university, private Research university, research universities in the Northeastern United States. The term ''Ivy League'' is typi ...
degree since the 2010 retirement of
John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
(who graduated from the
University of Chicago The University of Chicago (UChicago, Chicago, U of C, or UChi) is a private university, private research university in Chicago, Illinois. Its main campus is located in Chicago's Hyde Park, Chicago, Hyde Park neighborhood. The University of Chic ...
and
Northwestern University School of Law Northwestern University Pritzker School of Law is the law school of Northwestern University, a Private university, private research university. It is located on the university's Chicago campus. Northwestern Law has been ranked among the top 14, ...
) and the first to be appointed since
Sandra Day O'Connor Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and the ...
, who graduated from
Stanford University Stanford University, officially Leland Stanford Junior University, is a Private university, private research university in Stanford, California. The campus occupies , among the largest in the United States, and enrolls over 17,000 students. S ...
and
Stanford Law School Stanford Law School (Stanford Law or SLS) is the law school of Stanford University, a private research university near Palo Alto, California. Established in 1893, it is regarded as one of the most prestigious law schools in the world. Stanfor ...
. She is the first graduate of Notre Dame Law School and the first former member of the Notre Dame faculty to serve on the Supreme Court. Barrett uses her maiden and married surnames in public. She has chosen to be called "Justice Barrett" in written orders and opinions of the court, as she did as a Seventh Circuit judge.


Circuit assignment

In November 2020, Barrett was assigned to the
Seventh Circuit The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. United States federal court, federal court with appellate jurisdiction over the United States district court, courts in the following United Stat ...
. 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

Having hired her allotted four law clerks, Barrett took part in her first oral argument on November 2, hearing the case ''U.S. Fish and Wildlife Service v. Sierra Club.'' On November 4, the Court heard '' Fulton v. Philadelphia'', in which the plaintiff, Catholic Social Services, sued the city of
Philadelphia Philadelphia, often called Philly, is the List of municipalities in Pennsylvania#Municipalities, largest city in the Commonwealth (U.S. state), Commonwealth of Pennsylvania, the List of United States cities by population, sixth-largest city i ...
after being denied a new contract under the city's Fair Practices Ordinance, which bars discrimination in
public accommodations In United States law, public accommodations are generally defined as facilities, whether publicly or privately owned, that are used by the public at large. Examples include retail, retail stores, renting, rental establishments, and service establi ...
. The
Archdiocese In Ecclesiastical polity, church governance, a diocese or bishopric is the ecclesiastical district under the jurisdiction of a bishop. History In the later organization of the Roman Empire, the increasingly subdivided Roman province, pro ...
-affiliated CSS said that for religious reasons it cannot properly vet potential
foster parent Foster care is a system in which a underage, minor has been placed into a ward (law), ward, group home (Residential Child Care Community, residential child care community, Treatment centre, treatment center, etc.), or private home of a state-ce ...
s who are gay couples. CSS argued that under relevant precedent, the Court should find that CSS as a faith-based charity was unfairly singled out, given that the city allows race- and disability-based exceptions within foster-care placements. CSS further claimed the law is shown not to be neutral as required by the Court's 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, because the city labeled CSS's motives "discrimination that occurs under the guise of religious freedom." According to the ''New York Times,'' Barrett's questions during oral arguments were "evenhanded and did not reveal her position."


First votes as a justice

On November 26, 2020, Barrett joined the Supreme Court's majority in ''Roman Catholic Diocese of Brooklyn v. Cuomo'', 592 U. S. ____ (2020), in an unsigned 5–4
preliminary injunction An injunction is a legal remedy, legal and equitable remedy in the form of a special court order that compels a party (law), party to do or refrain from specific acts. ("The United States courts of appeals, court of appeals ... has exclusive ju ...
in favor of the
Roman Catholic Diocese of Brooklyn The Diocese of Brooklyn is a Latin Church ecclesiastical territory or diocese of the Catholic Church in the U.S. state of New York (state), New York. It is headquartered in Brooklyn and its territory encompasses the New York City boroughs of Broo ...
and the
Orthodox Jewish Orthodox Judaism is the collective term for the traditionalist and theologically conservative branches of contemporary Judaism Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic religions, Abrahamic, monotheism, monotheistic, and ethnic ...
organization
Agudath Israel of America Agudath Israel of America ( he, אגודת ישראל באמריקה) (also called Agudah) is an American organization that represents Haredi Orthodox Jews. It is loosely affiliated with the international World Agudath Israel World Agudath ...
, saying that certain COVID restrictions instituted by
New York Governor The governor of New York is the head of government of the U.S. state of New York (state), New York. The governor is the head of the Executive (government), executive branch of New York's state government and the commander-in-chief of the st ...
Andrew Cuomo Andrew Mark Cuomo ( ; ; born December 6, 1957) is an American lawyer and politician who served as the 56th governor of New York from 2011 to 2021. A member of the Democratic Party (United States), Democratic Party, he was elected to the same p ...
had likely violated the
Free Exercise Clause The Free Exercise Clause accompanies the Establishment Clause of the First Amendment to the United States Constitution. The ''Establishment Clause'' and the ''Free Exercise Clause'' together read: Free exercise is the liberty of persons to re ...
of the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record A world record is usually the best global and most important performance that is ever recorded and officially verified in a specific skill, ...
, in that they "single out houses of worship for especially harsh treatment." The Court said that the restrictions had likely impinged on the
fundamental right Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution A constitution is the aggregate of fundamental principles or esta ...
of the free exercise of religion without their (in constitutional legal parlance) passing the
legal test In law, a test is a commonly applied method of evaluation used to resolve matters of jurisprudence. In the context of a trial, a Hearing (law), hearing, Discovery (law), discovery, or other kinds of legal proceedings, the resolution of certain Que ...
of "
strict scrutiny In U.S. constitutional law, when a law infringes upon a fundamental constitutional right A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states ...
." 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. Ross Guberman, author of ''Point Taken: How to Write Like the World's Best Judges'', told the ''Times'' he believed 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". Barrett delivered her first concurring opinion on February 5, 2021, in the case ''South Bay United Pentecostal Church v. Newsom''.


Abortion

In September 2021, Barrett joined the majority, in a 5–4 vote, to reject a petition to temporarily block a Texas law banning abortion after six weeks of pregnancy; Thomas, Alito, Gorsuch, and Kavanaugh joined her in the majority. In June 2022, Barrett joined with the same majority in '' Dobbs v. Jackson'', voting to completely overturn '' Roe v. Wade'' and '' Planned Parenthood v. Casey''.


Capital punishment

In January 2022, the Supreme Court voted to allow the execution of an inmate to proceed in Alabama; the case was decided by a 5–4 vote, with Barrett joining Breyer, Sotomayor, and Kagan in dissent.


Environmental policy

Barrett wrote her first majority opinion in '' United States Fish and Wildlife Service v. Sierra Club'', which was decided on March 4, 2021. Traditionally the first opinion delivered by a new justice reflects the opinion of a unanimous court, but not always. While Gorsuch and Kavanaugh wrote unanimous first opinions, Barrett, like her predecessor Justice Ginsburg, wrote an opinion for a divided court. Although Barrett ruled against environmentalists in March, she voted against oil refineries in her first dissent, ''Hollyfrontier Cheyenne Refining v. Renewable Fuels Association''.


LGBT rights and issues

In June 2021, Barrett joined a unanimous decision in '' Fulton v. City of Philadelphia'', ruling in favor of a
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
social service agency that had been denied funding from the City of Philadelphia because it does not adopt to same-sex couples; the ruling also declined to overturn '' Employment Division v. Smith'', "an important precedent limiting First Amendment protections for religious practices." In the same month, Barrett was among the six justices who rejected the appeal of a Washington State florist whom lower courts had ruled violated non-discrimination laws by refusing to sell floral arrangements to a same-sex couple based on her religious beliefs against
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
, leaving the lower court judgments in place. In November 2021, Barrett voted with the majority in a 6–3 decision to reject an appeal from Mercy San Juan Medical Center, a hospital affiliated with the Roman Catholic Church, which had sought to deny a
hysterectomy Hysterectomy is the surgical removal of the uterus. It may also involve removal of the cervix, ovary, ovaries (oophorectomy), Fallopian tubes (salpingectomy), and other surrounding structures. Usually performed by a gynaecology, gynecologist, a ...
to a
transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assignment, sex assigned at birth. Many transgender people experience gender dysphoria, dysphoria, which ...
patient on religious grounds. The Court's decision not to hear the case left in place a lower court ruling in favor of the transgender patient; Justices Thomas, Alito, and Gorsuch dissented.


Vaccine requirements

Barrett wrote a concurring opinion in ''Does v. Mills,'' a case challenging Maine's vaccine requirement for health care workers. She was in the majority in the 6–3 decision to deny a stay of the vaccine requirement, explaining that the case had not been fully briefed or argued.'


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 The University of Virginia (UVA) is a Public university#United States, public research university in Charlottesville, Virginia. Founded in 1819 by Thomas Jefferson, the university is ranked among the top academic institutions in the United S ...
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 Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political lif ...
issues and less conservative on cases involving
employment discrimination Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, ...
, labor and criminal defendants. According to a review by
Reuters Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was establ ...
, 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 A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or o ...
of
qualified immunity In the United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, state ...
, police-officer defendants in many of these cases were shielded from
civil liability In law Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstandi ...
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 Jacob Z. Sullum (born September 5, 1965) is a syndicated newspaper columnist A columnist is a person who writes for publication in a series, creating an article that usually offers commentary and opinions. Column (newspaper), Columns appear in ...
argues that while Barrett was on the Seventh Circuit she took "a constrained view of the doctrine's scope."


Textualism and originalism

Barrett is considered a
textualist Textualism is a formalist theory A theory is a rational type of abstract thinking about a phenomenon, or the results of such thinking. The process of contemplative and rational thinking is often associated with such processes as observ ...
, a proponent of the idea that statutes should be interpreted literally, without considering their legislative history or underlying purpose, and an
originalist In the context of United States law, originalism is a theory of constitutional interpretation that asserts that all statements in the Constitution must be interpreted based on the original understanding "at the time it was adopted". This conc ...
(of the original-public-meaning, rather than original-intent, variety), a proponent of the idea that the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity A polity is an identifiable Politics, political entity – a group of people with a collective identity, who ...
should be interpreted as perceived at the time of enactment. 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 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 Constitutional theory is an area of constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the p ...
. ...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 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 The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory interpretation, statutory and constitutional interpretation under ...
, 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 Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectua ...
, 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 ... 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, " l we can know is that he legislaturevoted 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 Legal process (sometimes simply process) is any formal notice or writ by a court obtaining jurisdiction over a person or property. Common forms of process include a summons, subpoena, Mandate (criminal law), mandate, and warrant (law), warrant. ...
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 The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Presid ...
, 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 ''Habeas corpus'' (; from Medieval Latin, ) is a Legal recourse, recourse in law through which a person can report an Arbitrary arrest and detention, unlawful detention or imprisonment to a court and request that the court order the custodi ...
'' 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.


Precedent

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 the ''Texas Law Review'' on the doctrine of ''
stare decisis A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjud ...
'', 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
jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the U ...
s 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.: " 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 Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama (We dare defend our rights) , anthem = " Alabama" , image_map = Alabama in United St ...
, 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 Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy Pregnancy is the time during which one or more offspring develops (gestation, gestates) i ...
coverage without having the religious institutions pay for it, calling it an "assault" to religious liberty. Barrett has been critical of the majority opinion written by Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th Chief Justice of the United States, chief justice of the United States since 2005. Roberts has authored the majority opinion in sever ...
in '' National Federation of Independent Businesses v. Sebelius'' (2012), which upheld the constitutionality of the
Affordable Care Act The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Presid ...
's
individual mandate An individual mandate is a requirement by law for certain persons to purchase or otherwise obtain a good or service. United States Militia act The Militia Acts of 1792, based on the Constitution's militia clause (in addition to its affirmati ...
. 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."


Abortion

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 South Bend is a city in and the county seat of St. Joseph County, Indiana, St. Joseph County, Indiana, on the St. Joseph River (Lake Michigan), St. Joseph River near its southernmost bend, from which it derives its name. As of the 2020 United S ...
newspaper. The ad read: "We, the following citizens of
Michiana Michiana is a region in northern Indiana and Western Michigan, southwestern Michigan centered on the city of South Bend, Indiana. The Chamber of Commerce of St. Joseph County, Indiana defines Michiana as St. Joseph County and "counties that con ...
, 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.


Personal life

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 Indiana () is a U.S. state in the Midwestern United States, Midwestern United States. It is the List of U.S. states and territories by area, 38th-largest by area and the List of U.S. states and territories by population, 17th-most populous o ...
, 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 live in South Bend and have seven children, two of whom were adopted from
Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and ...
, one in 2005 and one after the 2010 Haiti earthquake. Their youngest biological child has
Down syndrome Down syndrome or Down's syndrome, also known as trisomy 21, is a genetic disorder caused by the presence of all or part of a third copy of chromosome 21. It is usually associated with child development, physical growth delays, mild to moderate ...
. Barrett is a practicing
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
. Since birth, she has been a member of the Christian parachurch community People of Praise, an
ecumenical Ecumenism (), also spelled oecumenism, is the concept and principle that Christians who belong to different Christian denominations should work together to develop closer relationships among their churches and promote Christian unity. The adjec ...
covenant Covenant may refer to: Religion * Covenant (religion), a formal alliance or agreement made by God with a religious community or with humanity in general ** Covenant (biblical), in the Hebrew Bible ** Covenant in Mormonism, a sacred agreement ...
community founded in South Bend. Associated with the
Catholic charismatic renewal The Catholic Charismatic Renewal is a movement within the Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3&n ...
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 in a position once termed "handmaiden" but now termed "women leader". According to ''
Politico ''Politico'' (stylized in all caps), known originally as ''The Politico'', is an American, German-owned political journalism newspaper company based in Arlington County, Virginia, that covers politics and policy in the United States and intern ...
'', "a copy of Barrett's ballot history from the Indiana Statewide Voter Registration System obtained by POLITICO howsBarrett voted in the 2016 and 2018 general elections, and the 2016 Republican primary, though she pulled a Democratic ballot in the 2011 primary."


Affiliations

Barrett was a member of the
Federalist Society The Federalist Society for Law and Public Policy Studies (abbreviated as FedSoc) is an American Conservatism in the United States, conservative and Libertarianism in the United States, libertarian legal organization that advocates for a Textualism ...
from 2005 to 2006 and from 2014 to 2017. She is a member of the
American Law Institute The American Law Institute (ALI) is a Research institute, research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to ch ...
.


Selected publications

A partial list of Barrett's academic publications: * * * * * * * * * * * * * * * *


See also

*
Donald Trump Supreme Court candidates With the advice and consent Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch The ...
*
List of federal judges appointed by Donald Trump This is a comprehensive list of all Article Three of the United States Constitution, Article III and Article Four of the United States Constitution, Article IV United States federal judges appointed by President Donald Trump as well as a partia ...
*
List of law clerks of the Supreme Court of the United States (Seat 9) Law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often ...
*
White House COVID-19 outbreak The White House COVID-19 outbreak was a cluster of Severe acute respiratory syndrome coronavirus 2, SARS-CoV-2 infections that began in September 2020 and ended in January 2021 that spread among people, including many Federal government of th ...
, at a ceremony for Barrett's nomination


References


Further reading

*
United States Senate Committee on the Judiciary The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Department of Ju ...

''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 Barrett''
116th Cong., 2nd Sess., September 2020 *
Congressional Research Service The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for Member of Congress, members of Congress and their United S ...
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)


External links

* * * *
Selected Resources on Amy Coney Barrett
from the
Law Library of Congress The Law Library of Congress is the law library of the United States Congress. The Law Library of Congress holds the single most comprehensive and authoritative collection of domestic, foreign, and international legal materials in the world. Est ...

Nomination Research Guide
from the
Georgetown University Law Center The Georgetown University Law Center (Georgetown Law) is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C. It was established in 1870 and is the larges ...
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 , - , - {{DEFAULTSORT:Barrett, Amy Coney 20th-century American women lawyers 20th-century American lawyers 20th-century Roman Catholics 21st-century American judges 21st-century American women lawyers 21st-century American lawyers 21st-century Roman Catholics 21st-century American women judges American people of French descent American people of Irish descent American women legal scholars Notre Dame Law School faculty University of Notre Dame faculty Alliance Defending Freedom people Articles containing video clips Catholics from Louisiana Catholics from Washington, D.C. Constitutional court women judges Federalist Society members Judges of the United States Court of Appeals for the Seventh Circuit Justices of the Supreme Court of the United States Current Justices of the Supreme Court of the United States Law clerks of the Supreme Court of the United States Lawyers from New Orleans Lawyers from Washington, D.C. Members of the American Law Institute Notre Dame Law School alumni People associated with Baker Botts Rhodes College alumni United States federal judges appointed by Donald Trump United States court of appeals judges appointed by Donald Trump 1972 births Living people