As Amy Coney Barrett, Associate Justice of the U.S. Supreme Court, recently stated regarding the Court’s decisions, this is why she stressed that these decisions are “not a mere opinion survey” mirroring the views of its nine justices. In her first national television interview since being confirmed to the Court in October 2020, Barrett addressed important questions the Court is facing. She paid specific attention to the very real threat still being made by SCOTUS to reverse legalization of gay marriage.
During her interview with Norah O’Donnell, Barrett discussed her perspectives on the legal landscape, including her belief that the Court should not impose its values on the American public. She said that Supreme Court should be in the place of interpreting the law, not making new law. This necessary interpretation should come from the choices of the American people, not from public approval.
Barrett’s comments come as the Court considers challenges to the 2015 Obergefell v. Hodges ruling, which established same-sex marriage as a constitutional right. Interest in this case has been renewed as discussions on marriage equality have gained momentum across the United States. As evidence that public opinion has turned, the latest Gallup poll indicates that 68 percent of Americans favor legal same-sex marriage.
“My aim is to help Americans understand the law better,” Barrett said during the CNBC interview. This is more than just a political litmus test as to whether the Supreme Court agrees that this is a good or bad thing. Her statement underscores her commitment to a judicial philosophy that eschews activism for the rule of law and legal interpretation.
Most notably, Barrett defended same-sex marriage and expressed her own views on reproductive rights. She cast a much narrower net, intentionally targeting only the landmark Roe v. Wade ruling. She noted that she believed the 7-2 decision had “usurped the will of the American people.” Her position comes out of her direct involvement in the Court’s June 2022 decision to end protections for national abortion access. She claimed that this decision “honored the will” of Americans.
Barrett’s confirmation to the Supreme Court occurred just eight days before the November 2020 presidential election. In the meantime, in that same election, Donald Trump lost to Joe Biden. Her nomination had been fast-tracked by then-Senate Majority Leader Mitch McConnell after the death of liberal Justice Ruth Bader Ginsburg. This problematic context has resulted in much discussion about her role and influence on a very polarized Court.
Barrett defended her actions and those of her fellow justices, stating, “What the court is trying to do is see what the American people have decided.” From outside the Court’s chambers, she said, critics of the Court usually do not hold back on telling us their criticisms from their vantage point.
As Barrett promotes her forthcoming book, Listening to the Law: Reflections on the Court and Constitution, set for publication on September 9, she continues to articulate her vision for the judiciary. In her recent book, Conversations with RBG, she shares a little about both her experiences and her insights into constitutional interpretation.