Amy Coney Barrett's jurisprudential philosophy is characterized by her commitment to originalism and textualism, as evidenced by her academic writings, public statements, and judicial decisions. She has consistently shown a respect for precedent, though she is willing to re-evaluate or limit the scope of precedents she believes are not grounded in the Constitution's original meaning. Her decisions often reflect a conservative approach to constitutional interpretation, emphasizing the limited role of the judiciary, the importance of religious freedom, and the protection of Second Amendment rights.
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Barrett has described herself as an originalist, following the judicial philosophy of her mentor, the late Justice Antonin Scalia.
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She has stated that the meaning of the Constitution should not change over time, aligning with originalist thought.
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In her academic writing, Barrett has shown a deep respect for stare decisis, the principle of adhering to precedent.
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During her confirmation hearings, Barrett emphasized the importance of judicial restraint and the limited role of the courts.
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She has expressed skepticism about the broad application of the doctrine of substantive due process.
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Barrett joined the majority in 'Roman Catholic Diocese of Brooklyn v. Cuomo', which favored religious freedoms over COVID-19 restrictions.
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In 'Fulton v. City of Philadelphia', she joined the majority in a decision supporting a Catholic agency's right to not work with same-sex couples, based on religious grounds.
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Barrett dissented in 'Box v. Planned Parenthood of Indiana and Kentucky Inc.', arguing for the re-hearing of an abortion-related case.
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She has questioned the precedent set by 'National Federation of Independent Business v. Sebelius', which upheld the Affordable Care Act.
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Barrett has argued for the originalist interpretation of the Second Amendment, suggesting a broad protection of gun rights.
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In 'South Bay United Pentecostal Church v. Newsom', she voted to uphold California's COVID-19 restrictions on religious services, showing a complex approach to religious liberty cases.
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She has written about the danger of courts straying into policymaking, which should be reserved for the legislative branch.
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Barrett has emphasized the importance of textualism in statutory interpretation, focusing on the text of the law rather than potential legislative intent.
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In 'Cook County v. Wolf', she dissented against blocking the Trump administration's public charge rule, which would deny green cards to immigrants likely to use public benefits.
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She has shown a willingness to limit the scope of administrative agencies, in line with conservative skepticism about the administrative state.
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Barrett has been critical of the Supreme Court's decision in 'King v. Burwell', which interpreted the Affordable Care Act to allow tax credits for insurance purchased on any exchange.
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In 'Kanter v. Barr', she argued as a circuit judge that non-violent felons should not be barred from owning guns, demonstrating a strong commitment to Second Amendment rights.
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She has expressed the view that life tenure for Supreme Court justices helps to insulate the court from political pressures.
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Barrett has been involved in decisions that have chipped away at 'Roe v. Wade' without outright overturning it, showing a cautious approach to reversing longstanding precedents.
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She has maintained that a judge must apply the law as written, not as they wish it to be, indicating a commitment to textualism and originalism.
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