News

Law & the Courts

Barrett Vows to Interpret Constitution ‘As Written,’ Says Courts ‘Should Not Try’ to Make Policy

Judge Amy Coney Barrett presented her judicial outlook as drawing on that of former Justice Antonin Scalia, during her opening statement to the Senate Judiciary Committee on Monday.

Barrett clerked for Scalia in the late 1990s, has since worked as a lawyer, and is currently a judge on the 7th Circuit Court of Appeals.

Scalia’s “judicial philosophy was straightforward: a judge must apply the law as it is written, not as she wishes it were,” Barrett said.

“Courts are not designed to solve every problem or right every wrong in our public life,” Barrett continued. “The policy decisions and value judgements of government must be made by the political branches, elected by and accountable to the people. The public should not expect courts to do so and courts should not try.”

Republicans are pushing to confirm Barrett to the Court before the November elections, a move that Democrats have vociferously opposed. If Barrett is confirmed to replace liberal justice Ruth Bader Ginsburg, conservatives will make up a 6-3 majority on the Court’s bench.

In her remarks, Barrett vowed to take into account opposing sides of each argument in a case.

“When I write an opinion resolving a case, I read every word from the perspective of the losing party,” Barrett said. “I ask myself how would I view the decision if one of my children was the party I was ruling against: Even though I would not like the result, would I understand that the decision was fairly reasoned and grounded in the law? That is the standard I set for myself in every case, and it is the standard I will follow as long as I am a judge on any court.”

Republicans on the Senate Judiciary Committee unanimously praised Barrett during the opening hearing on Monday, while Democrats warned that her confirmation would set back women’s reproductive rights and threaten the Affordable Care Act. Senate Minority Leader Chuck Schumer (D., N.Y.) has refused entirely to meet with Barrett during the confirmation process, and called her nomination “illegitimate.”

During the hearing, Senator Chuck Grassley (R., Iowa) said Democrats’ concerns about Barrett were unfounded.

“The Left slammed [Justice John Paul] Stevens for his consistent opposition to women’s rights; they called [Justice] Anthony Kennedy sexist and a disaster for women; they said [Justice] David Souter would quote, ‘end freedom of women in this country,'” Grassley said. “Their doomsday predictions failed to pan out.”

Send a tip to the news team at NR.

Zachary Evans is a news writer for National Review Online. He is a veteran of the Israeli Defense Forces and a trained violist.

Most Popular

The Imaginary Trump

Like Andrew Jackson, Donald Trump is man who represents the age in which he lived. Whatever you may think of the age. Jackson embodied a generation of men who had risen and made their mark in a young country. He represented their desire for greater representation, even if it had costs for slaves and Indians. He ... Read More

The Imaginary Trump

Like Andrew Jackson, Donald Trump is man who represents the age in which he lived. Whatever you may think of the age. Jackson embodied a generation of men who had risen and made their mark in a young country. He represented their desire for greater representation, even if it had costs for slaves and Indians. He ... Read More
White House

Implications of the Flynn Pardon

President Trump granted a pardon to Michael Flynn, his former national-security adviser, today. Flynn had pled guilty to lying to FBI agents about conversations, during the 2016 transition, with the Russian ambassador about sanctions. Flynn’s pardon should bring to an end one gross violation of the ... Read More
White House

Implications of the Flynn Pardon

President Trump granted a pardon to Michael Flynn, his former national-security adviser, today. Flynn had pled guilty to lying to FBI agents about conversations, during the 2016 transition, with the Russian ambassador about sanctions. Flynn’s pardon should bring to an end one gross violation of the ... Read More
History

Thanksgiving Is Not a Lie

We live in a time of heedless iconoclasm, and so one of the country’s oldest traditions is under assault. Thanksgiving is increasingly portrayed as, at best, based on falsehoods and, at worst, a whitewash of genocide against Native Americans. The New York Times ran a piece the other day titled, “The ... Read More
History

Thanksgiving Is Not a Lie

We live in a time of heedless iconoclasm, and so one of the country’s oldest traditions is under assault. Thanksgiving is increasingly portrayed as, at best, based on falsehoods and, at worst, a whitewash of genocide against Native Americans. The New York Times ran a piece the other day titled, “The ... Read More
Economy & Business

Shopping Superstitions

It’s the boss-bossiest time of the year, when Americans getting ready to open up their wallets to buy Christmas presents are lectured by illiterate halfwits about where and how to spend their money. The usual demands: Buy local, or buy from small businesses. This is pure nonsense, and you should feel free to ... Read More
Economy & Business

Shopping Superstitions

It’s the boss-bossiest time of the year, when Americans getting ready to open up their wallets to buy Christmas presents are lectured by illiterate halfwits about where and how to spend their money. The usual demands: Buy local, or buy from small businesses. This is pure nonsense, and you should feel free to ... Read More
Film & TV

Bowing Down to Obama

‘How can we miss you when you won’t go away?” political podcaster Yvette Carnell joked two years ago when Barack Obama began his comeback tour by making sideline pronouncements about the state of the nation after his brief retirement. Now the comeback is official, with two new Kool-Aid-drinker Obama ... Read More
Film & TV

Bowing Down to Obama

‘How can we miss you when you won’t go away?” political podcaster Yvette Carnell joked two years ago when Barack Obama began his comeback tour by making sideline pronouncements about the state of the nation after his brief retirement. Now the comeback is official, with two new Kool-Aid-drinker Obama ... Read More
Culture

On Being Grateful

My mother always enjoyed making Thanksgiving dinner. She took a traditional Southern woman’s pride in being a good cook, following her mother’s recipes, and my family made a rare display of kindness by declining to inform her that she was a fairly dreadful cook, one whose kitchen alchemy on the electric range ... Read More
Culture

On Being Grateful

My mother always enjoyed making Thanksgiving dinner. She took a traditional Southern woman’s pride in being a good cook, following her mother’s recipes, and my family made a rare display of kindness by declining to inform her that she was a fairly dreadful cook, one whose kitchen alchemy on the electric range ... Read More
U.S.

Gratitude: What We Owe to Our Country

Editor’s Note: The following essay by National Review founder William F. Buckley comes from the first chapter of his 1990 book, Gratitude: Reflections on What We Owe to Our Country. I have always thought Anatole France’s story of the juggler to be one of enduring moral resonance. This is the arresting and ... Read More
U.S.

Gratitude: What We Owe to Our Country

Editor’s Note: The following essay by National Review founder William F. Buckley comes from the first chapter of his 1990 book, Gratitude: Reflections on What We Owe to Our Country. I have always thought Anatole France’s story of the juggler to be one of enduring moral resonance. This is the arresting and ... Read More