Supreme Court Justice Amy Coney Barrett Asserts Originalist Voice in Fourth Term
After completing her fourth term on the bench, Supreme Court Associate Justice Amy Coney Barrett is making her mark by following in the footsteps of the late Justice Antonin Scalia, a pioneer of originalism on the high court and her former boss. Barrett, who was appointed by President Donald Trump in October 2020 to fill the seat of the late Ruth Bader Ginsburg, has surprised some this term by voting in key cases with the Democrat-appointed minority.
Legal experts are noting that Barrett’s interpretation of the Constitution aligns with what the Founding Fathers intended, and that disagreements between her and her fellow conservative justices should be celebrated. Carrie Severino, president of JCN, stated, “This term we have seen all the originalist justices engaged in a healthy debate about how to apply tenets of originalism and textualism in many different contexts. And that is a sign that the originalist project has matured, and that the justices are fleshing out these important principles, and it should be celebrated.”
Barrett’s approach to the law is reminiscent of Justice Scalia’s, who championed the concept of originalism in the 1980s. John Shu, a constitutional lawyer, noted the evolution of originalist justices on the Court over the years, with Barrett now carrying on Scalia’s legacy.
Despite some criticism from conservative observers who find Barrett too cautious or timid in upsetting precedent, many conservative legal watchers agree that having a former Scalia clerk on the Court is a positive development. Barrett’s thoughtful and intellectual approach to the law, rooted in originalism and textualism, is seen as a continuation of Scalia’s legacy and a commitment to upholding the Constitution as intended by the Founding Fathers.
