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.
In 2013, Barrett referenced Roe v. Wade (1973) in a Texas Law Review article, arguing it lacked widespread support as a 'superprecedent'.
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'.
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.
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.
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.
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.
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".
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.
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.
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.
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".
In 2017, Barrett wrote that Chief Justice Roberts "pushed the Affordable Care Act beyond its plausible meaning to save the statute."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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