September 26, 2020

Judge Barrett facts

 New York Times -Judge Barrett graduated from Notre Dame Law School and later joined the faculty. She clerked for Justice Scalia and shares his constitutional views. She is described as a textualist who interprets the law based on its plain words rather than seeking to understand the legislative purpose and an originalist who applies the Constitution as it was understood by those who drafted and ratified it.

She has been a judge for only three years, appointed by Mr. Trump to the United States Court of Appeals for the Seventh Circuit in 2017. Her confirmation hearing produced fireworks when Democratic senators questioned her public statements and Catholicism. That made her an instant celebrity among religious conservatives, who saw her as a victim of bias on the basis of her faith.

Judge Barrett and her husband, Jesse Barrett, a former federal prosecutor, are reported to be members of a small and relatively obscure Christian group called the People of Praise. The group grew out of the Catholic charismatic renewal movement that began in the late 1960s and adopted Pentecostal practices like speaking in tongues, belief in prophecy and divine healing. The couple have seven children, all under 20, including two adopted from Haiti and a young son with Down syndrome.

In a 2006 speech to Notre Dame graduates, she spoke of the law as a higher calling. “If you can keep in mind that your fundamental purpose in life is not to be a lawyer, but to know, love and serve God, you truly will be a different kind of lawyer,” she said.

But during her 2017 confirmation hearing, she affirmed that she would keep her personal views separate from her duties as a judge. “If you’re asking whether I take my faith seriously and I’m a faithful Catholic, I am,” she told senators. “Although I would stress that my personal church affiliation or my religious belief would not bear in the discharge of my duties as a judge.” She was confirmed on a 55-to-43 vote, largely along party lines.

As a law professor, Judge Barrett was a member of Faculty for Life, an anti-abortion group, and wrote skeptically about precedent in Supreme Court rulings, which both sides in the abortion debate took to mean she would be open to revisiting Roe v. Wade.

“I tend to agree with those who say that a justice’s duty is to the Constitution and that it is thus more legitimate for her to enforce her best understanding of the Constitution rather than a precedent she thinks clearly in conflict with it,” she wrote in a Texas Law Review article in 2013.

She later criticized Chief Justice Roberts for his opinion preserving Mr. Obama’s Affordable Care Act, saying he went beyond the plausible meaning of the law. As an appellate judge, she joined an opinion arguing on behalf of an Indiana law banning abortions sought solely because of the sex or disability of a fetus, disagreeing with fellow judges who struck it down as unconstitutional.

1 comment:

Anonymous said...

Judges & lawyers are being retrained in Constitutional Law...