Major Controversies Surrounding Amy Coney Barrett: A Detailed Timeline

Public opinion and media debates around Amy Coney Barrett—discover key moments of controversy.

Amy Coney Barrett is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States since 2020. Nominated by President Donald Trump, she is the fifth woman to hold this position. Prior to her appointment to the Supreme Court, she served as a U.S. circuit judge of the U.S. Court of Appeals for the Seventh Circuit from 2017 to 2020.

Sections (4)

Full Timeline Early Life & Education Career & Achievements Controversies & Scandals

1973: Mention of Roe v. Wade

In 2013, Barrett referenced Roe v. Wade (1973) in a Texas Law Review article, arguing it lacked widespread support as a 'superprecedent'.

1992: Reference to Planned Parenthood v. Casey

In 2013, Barrett referenced Planned Parenthood v. Casey (1992) in a Texas Law Review article, using it as evidence that Roe v. Wade had not attained the status of 'superprecedent'.

1998: Co-authored Law Review Article

In 1998, Amy Coney Barrett co-wrote a law review article with Professor John H. Garvey, which was discussed during her Senate Judiciary Committee hearing in 2017. The article argued that Catholic judges should in some cases recuse themselves from death penalty cases due to moral objections.

2006: Anti-Abortion Advertisement

In 2006, Barrett signed an anti-abortion advertisement placed by St. Joseph County Right to Life, opposing abortion on demand and defending the right to life from fertilization to natural death.

2012: Criticism of Roberts' Opinion on the Affordable Care Act

Barrett has been critical of the majority opinion written by Chief Justice John Roberts in National Federation of Independent Businesses v. Sebelius (2012), which upheld the constitutionality of the Affordable Care Act's individual mandate.

2012: Letter Criticizing Obama Administration's Birth Control Coverage Approach

In 2012, Barrett signed a letter criticizing the Obama administration's approach to providing employees of religious institutions with birth control coverage, calling it an "assault" to religious liberty.

2013: Opposition to Roe v. Wade

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".

2013: Texas Law Review Article on Stare Decisis

In a 2013 article in the Texas Law Review, Barrett listed seven cases she considered "superprecedents," excluding Roe v. Wade (1973), arguing it lacked widespread support. She referenced Planned Parenthood v. Casey (1992) as evidence.

2016: Senate Republicans Refused to Hold Hearings for Merrick Garland

In 2016, Senate Republicans refused to hold hearings for Merrick Garland during an election year. This became a point of controversy when Amy Coney Barrett was nominated in 2020 so close to the presidential election.

2016: Comparison to Merrick Garland Nomination

In 2016, the Senate Republican majority had refused to consider President Barack Obama's nomination of Merrick Garland, which caused anger over the move to fill the vacancy only four months before the end of Trump's term.

September 6, 2017: Senate Judiciary Committee Hearing

On September 6, 2017, a Senate Judiciary Committee hearing was held on Amy Coney Barrett's nomination. During the hearing, Senator Dianne Feinstein questioned Barrett about her views on faith and judicial responsibility, particularly concerning death penalty cases. This led to Feinstein's comment about "the dogma lives loudly within you".

2017: Affordable Care Act Critique

In 2017, Barrett wrote that Chief Justice Roberts "pushed the Affordable Care Act beyond its plausible meaning to save the statute."

2018: Voted Against Striking Down Indiana Fetal Remains Law

In 2018, Amy Coney Barrett voted against striking down an Indiana law requiring burial or cremation of fetal remains. This vote was in the minority.

March 2019: Barrett dissents on gun control law

In March 2019, Judge Barrett dissented when the court upheld a federal law prohibiting felons from possessing firearms, arguing that it violated the Second Amendment in the case of non-violent offenders.

2019: Voted to Rehear Challenge to Indiana's Parental Notification Law

In 2019, Amy Coney Barrett voted to rehear a successful challenge to Indiana's parental notification law. This law required parental notification for minors seeking abortions.

June 2020: Dissent on "Public Charge Rule"

In June 2020, Amy Coney Barrett wrote a 40-page dissent when the majority upheld a preliminary injunction against the Trump administration's "public charge rule", which heightened the standard for obtaining a green card.

July 2020: Supreme Court Ordered Rehearing in Parental Notification Case

In July 2020, the Supreme Court ordered a rehearing in the parental notification case, where Barrett had previously voted to rehear a successful challenge to Indiana's parental notification law in 2019.

September 26, 2020: Nomination to the Supreme Court

On September 26, 2020, Amy Coney Barrett was nominated by President Trump to succeed Ruth Bader Ginsburg as a U.S. Supreme Court justice. This nomination occurred shortly after Justice Ginsburg's death and sparked controversy due to its proximity to the 2020 presidential election.

2020: Political Reactions to Barrett's Nomination

In 2020, Barrett's nomination was generally supported by Republicans and opposed by Democrats, with controversies arising over filling the vacancy so close to the presidential election.

2020: Barrett's Supreme Court Confirmation Process

In October 2020, the American Bar Association rated Barrett "well qualified". Her confirmation hearing began on October 12. 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.

September 2021: Barrett Votes on Texas Abortion Law

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.