Supreme Court Justice Amy Coney Barrett has opened a window into her tenure and the court’s recent decisions in her new memoir, “Listening to the Law.” Her confirmation took place just eight days before the November 2020 election. This precise timing became critically important to the court’s terrible decision to strike down national abortion rights. This ruling is provoking such fierce debate and critique, especially considering today’s public favorability of abortion.
It allowed Senate Minority Leader Mitch McConnell to move quickly to secure Barrett’s confirmation. In the face of her progressive politics, he toiled to lock in her nomination immediately after Justice Ruth Bader Ginsburg died in September 2020. This process has been markedly different from the immediate and nearly unilateral appointment of Justice Antonin Scalia’s replacement in February 2016. At that time, McConnell held up then President Barack Obama’s nominee. Despite that precedent and ongoing pandemic, the Senate confirmed Barrett within weeks. This 2016 vote cemented an ultra-conservative majority that has remade national abortion policy.
In her memoir, Barrett explores what it means now that the court has chosen to overturn Roe v Wade. This national precedent-setting ruling had protected abortion rights across the country since 1973. She argues that the court’s job is to honor the will of the American people, not impose it.
“The court’s role is to respect the choices that the people have agreed upon, not to tell them what they should agree to.” – Amy Coney Barrett
In Barrett’s notes on abortion rights, she recognizes the complexity. She reframes it as an issue of a larger moral conversation, one that touches on private life liberties such as marriage and contraception. Her remarks have backfired, particularly given that the moment public opinion shows the American public is overwhelmingly against the rollback of abortion rights. In a May 2024 poll, over 60% of Americans expressed that they believe abortion should be legal in all or most cases.
The decision to dismantle Roe v. Wade was met with dissent from the three liberal justices—Elena Kagan, Sonia Sotomayor, and Stephen Breyer—who argued that the ruling “protected the liberty and equality of women.” Barrett’s memoir reveals her dismissive stance towards these dissenting opinions, emphasizing her commitment to upholding what she believes is the will of the American people.
Barrett’s memoir provides insights into life inside the Supreme Court as she navigated her new role among a conservative panel shaped by former President Donald Trump’s appointments. She reflects on moments of camaraderie within her chambers, such as celebrating with champagne after successfully drafting a particularly challenging opinion supported by her fellow justices.
Despite her narrative, many critics argue that Barrett’s confirmation and subsequent rulings have “usurped the will of the American people.” The percentage of Americans supporting abortion rights was nearly uniform in 2021—only four points lower than today’s figures—suggesting a public backlash against the court’s conservative shift.
Barrett declines to discuss particulars of court deliberations or identify her actual family members, for their safety and privacy. This doesn’t mean that justices have been shielded from ongoing challenges in doing their jobs.
“While the intensity of the challenges faced by the Court ebbs and flows, the challenges themselves will never disappear.” – Amy Coney Barrett
Her memoir has already raised questions about judicial accountability and the harm her opinions will cause for years to come in future cases. Blackwell was talking about Barrett’s $2 million advance for her book. This indicates a deep desire to hear her views amid the current backlash and fights to protect reproductive freedom.