Bench Memos

Law & the Courts

Conservative Scholars and Activists for Judge Barrett

(Pixabay)

Unsurprisingly, but encouragingly, conservative legal scholars and organizations have come out swinging for Judge Barrett’s nomination. A few examples:

Adam White, AEI legal scholar and contributor and podcaster at The Bulwark:

“As a judge and a scholar, Amy Coney Barrett has dedicated her career to thoughtful study of interpreting laws and weighing precedents. She would be an ideal Supreme Court justice in any era, but especially in this era, when proper understandings of legal interpretation and stare decisis are of such central importance to the court’s work. There is every reason to expect that Judge Barrett will be an exemplary justice, and the Senate Judiciary Committee’s hearing should be a good moment to introduce her to the broader American public and to consider the proper role of the court and the rule of law in our constitutional government. Given the profound importance of each of the Supreme Court’s nine seats, no nominee should be confirmed to this life-tenured office without a fair and deliberate confirmation hearing—an opportunity to build up the public legitimacy of the court’s work, and the Senate’s. Republican senators should take care not to race through the process hastily, trying to beat an Election Day clock. And Democratic senators should take care not to descend into the politics of personal destruction. In 1916, Justice Louis Brandeis’ nomination was met with a wave of anti-Semitic bigotry, still infamous today; a century later, let’s hope that the nomination process will not return to the political weaponization of anti-religious innuendo.”

Mike Davis of the Article 3 Project:

“President Trump could not have picked a better Supreme Court nominee,” said A3P founder and president Mike Davis.  “Judge Barrett is a Notre Dame law graduate who finished number one in her class and served as the executive editor of the law review. She clerked for the late, great Justice Scalia, where she was schooled in textualism and originalism. She has served as a Notre Dame law professor for 18 years, and President Trump appointed her to the Seventh Circuit in Indiana three years ago. She is a rock-solid conservative, who demonstrated in her confirmation hearing for the Seventh Circuit that she has a backbone of steel. Judge Barrett is young, brilliant, and exceptionally well-qualified. And she is an everyday American from the Heartland, who is a working mother of seven children – including a child with disabilities and two children adopted from Haiti. With the appointment of a Justice Barrett as his third Supreme Court pick, President Trump will transform the 5-4 John Roberts court to the 6-3 Clarence Thomas court. A3P will fight to confirm a Justice Barrett before the end of October.”

Casey Mattox of Americans for Prosperity:

“AFP’s activists proudly support the confirmation of Judge Amy Coney Barrett. We are confident that she will embrace her role to safeguard the constitutional rights of the people while recognizing that we elect Congress, not the courts, to legislate. Any senator, of any party, who wants a Supreme Court that puts the Constitution first, interprets the law as written, and protects our freedoms should be thrilled by Judge Amy Coney Barrett’s nomination and commit to her prompt confirmation.”

Daniel Garza of the LIBRE Initiative:

We commend President Trump for selecting Amy Barrett – a judge with extensive experience, qualified credentials, and who will defend the Constitution. Now more than ever we need a jurists who will decide each cases based on Constitution and the law – not on their personal agenda.

Both A3P and AFP will be rolling out campaigns to support the nomination. From the AFP release:

Americans for Prosperity is launching a significant national ad campaign focusing on eleven key states to scale its activists’ efforts to urge their senators to confirm Judge Amy Coney Barrett to the Supreme Court. AFP has set up a unique web page at UniteForBarrett.com that empowers individuals to contact their senators, and phone and text grassroots outreach has already activated across the country. Several waves of targeted direct-mail, layered digital, and other tactics to follow in Alabama, Alaska, Arizona, Colorado, Georgia, Iowa, Maine, North Carolina, South Carolina, Utah, and West Virginia in mere days. AFP heavily engaged its grassroots to support the confirmation of qualified nominees to the Supreme Court in previous years. With the dedicated efforts of its activists nationwide, AFP directly reached more than one million Americans in support of Justice Kavanaugh’s confirmation in 2018 through a combination of door-knocking, phone-banking, and other tactics.

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