‘A judge must apply the law as written’

Happy Monday! Much like the World Series-bound Tampa Bay Rays, Judge Amy Coney Barrett hit it out of the park last week.  

Across three days of testimony, she remained focused and committed to originalist thinking and the rule of law. While accepting the nomination, Judge Barrett stated that she shares the judicial philosophy of her mentor, Judge Antonin Scalia, saying: “A judge must apply the law as written. Judges are not policymakers and they must be resolute in setting aside any policy views they might hold.” 

Despite many questions about specific issues, including some that are likely to come before the Court in the next few years, Judge Barrett fastidiously applied the Ginsburg rule to give “no hints, no forecasts, no previews.” This is critical to ensure that parties coming before the Court get a fair process—that a judge has not made up his or her mind without hearing the facts and arguments of the case at hand. 

Thursday saw testimony from other witnesses, including representatives from the American Bar Association explaining Judge Barrett’s “well-qualified” rating. Make sure you check out Laura Wolk’s can’t-miss testimony in support of Professor Barrett. Judge Barrett helped her get access to assistive technology and encouraged her to apply for clerkships, culminating in Laura becoming the first blind woman to clerk for the Supreme Court. Keep the tissues handy, it’s a heartwarming tearjerker of a story:   

Americans United for Life was the first pro-life organization to call on the President to nominate Judge Barrett, and we are thrilled to support her confirmation. She has proven herself a committed originalist who will apply the law as written and understood by the people and their representatives.

After a grueling week, there was a prized moment of civility as Senator Feinstein praised Senator Graham for his leadership and fairness in running the hearing. She called it “one of the best set of hearings that I’ve participated in.”

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