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                  Resarh Service





President Trump Nominates

Judge Amy Coney Barrett:

Initial Observations



September 28, 2020
On September 26, 2020, President Trump announced the nomination of Judge Amy Coney Barrett of the
U.S. Court of Appeals for the Seventh Circuit to the U.S. Supreme Court to fill the vacancy left by the
death of Justice Ruth Bader Ginsburg.
This Sidebar provides a few initial observations from Judge Barrett's appellate decisions and academic
writings, focusing mainly on her general judicial philosophy. CRS is preparing products that discuss
Judge Barrett's views on the law in greater detail, including her judicial opinions in cases involving such
topics as the Second Amendment and immigration.

Who Is Judge Barrett?

Judge Barrett has been a circuit judge for the U.S. Court of Appeals for the Seventh Circuit s inc e
November 2017, having been nominated by President Trump and confirmed by the Senate earlier that
year. Judge Barrett received her law degree from Notre Dame Law School, after which she clerked for
Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and Supreme Court
Justice Antonin Scalia. Following two years in private practice in Washington, D.C., Judge Barrett taught
as an adjunct faculty member at the George Washington University Law School. From 2002 to 2017,
Judge Barrett was a law professor at Notre Dame Law School. Her scholarship has focused on topics such
as theories of constitutional interpretation, stare decisis, and statutory interpretation. If confirmed, Judge
Barrett would be the fifth woman to serve as a Supreme Court Justice.

During Judge Barrett's September 26th Supreme Court nomination remarks, she paid tribute to both
Justice Ginsburg and her former mentor, Justice Scalia. Should I be confirmed, Judge Barrett said, I
will be mindful of who came before me, stating that Justice Ginsburg's glass-ceiling-breaking career in
the law has won the admiration of women around the country, and indeed all over the world. Judge
Barrett also described the incalculable influence that Justice Scalia has had on her life, remarking: His
judicial philosophy is mine too. Ajudge must apply the law as written. Judges are not policy makers, and
they must be resolute in setting aside any policy views they might hold.

                                                              Congressional Research Service
                                                              https://crsreports.congress.gov
                                                                                 LSB10540

CRS Lega i&sebar
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