DrWebAmy Coney Barrett: A Deep Dive into the Supreme Court’s Conservative Pivot – A Special SCOTUS Series
By Joe Ravi, CC BY-SA 3.0, Link, article series…Editor’s Note: Recently, I’ve considered a look at SCOTUS more in depth. It’s moving the law in right wing and conservative directions, and changing by fiat the power of the President, diminishing the power of Congress. This is the first article to examine the justices. The last in the series will talk about changes that should and need to be made to our top court.
–DrWeb
Amy Coney Barrett: A Deep Dive into the Supreme Court’s Conservative Pivot
Supreme Court Justice Amy Coney Barrett has indeed emerged as a pivotal figure on the nation’s highest court since her controversial confirmation in October 2020. Her visibility and influence have grown significantly, particularly following her role in landmark decisions affecting abortion rights and other contentious social issues.
Background and Rise to the Court
Antonin Scalia, By Collection of the Supreme Court of the United States – Collection of the Supreme Court of the United States, Public Domain.Amy Vivian Coney Barrett, born January 28, 1972, graduated first in her class from Notre Dame Law School in 1997. She clerked for Justice Antonin Scalia, whose judicial philosophy of textualism and originalism she has embraced. After serving as a Notre Dame law professor and later as a federal appeals judge on the Seventh Circuit from 2017-2020, Trump nominated her to fill Ruth Bader Ginsburg’s seat just 38 days before the 2020 election.
Her confirmation was historically contentious – she became the first Supreme Court justice in 150 years confirmed without any support from the minority party, passing by a 52-48 vote with all Democrats opposing. This partisan divide foreshadowed the significant role she would play in reshaping American jurisprudence.
Understanding Barrett’s Judicial Philosophy:
Key Terms Explained
Textualism
Textualism is a method of legal interpretation that focuses exclusively on the plain meaning of statutory and constitutional text as it would have been understood by ordinary readers at the time of enactment. Textualists like Barrett reject consideration of legislative intent, policy outcomes, or evolving social context, instead asking what a “reasonable person” would understand the words to mean in their historical context. As Justice Scalia, Barrett’s mentor, famously illustrated: when a law prohibits “using a firearm” in drug crimes, a textualist would interpret this as using the gun as a weapon, not trading it as barter—because that’s what guns are “normally used for.” While textualism promises objectivity and simplicity by focusing solely on text, critics argue it can oversimplify complex legal issues and ignore how language evolves over time.
Originalism
Originalism is the constitutional interpretation theory holding that the Constitution should be understood according to its “original public meaning”—what the text meant to ordinary readers when it was ratified, not what modern interpreters think it should mean today. Unlike “living constitution” approaches that allow constitutional meaning to evolve with changing times, originalists like Barrett believe constitutional text has a fixed meaning that can only be changed through the formal amendment process, not judicial reinterpretation. This philosophy often leads to conservative outcomes because it anchors legal interpretation in 18th and 19th-century understandings of rights and government power. Barrett has explicitly embraced this approach, arguing that “constitutional text means what it did at the time it was ratified and that this original public meaning is authoritative.” Together, textualism and originalism form the intellectual foundation for Barrett’s approach to cases involving abortion, same-sex marriage, and other contemporary constitutional questions.
Key Rulings and Voting Record
Abortion Rights: The Dobbs Decision
Barrett was indeed central to overturning Roe v. Wade in the 2022 Dobbs v. Jackson Women’s Health Organization decision. In her forthcoming book “Listening to the Law,” she defends this vote, arguing that Roe “bypassed the preferences of the American populace” and that abortion rights were never “deeply entrenched in American history.” She maintains that the court’s role is “to respect choices that people have agreed to, not tell them what they should agree to.”
Same-Sex Marriage: The Next Target?
Via Wikipedia…Barrett’s potential role in reversing same-sex marriage appears well-founded given her judicial record and stated philosophy. Barrett has connections to religious organizations with anti-LGBTQ+ positions and previously endorsed a 2015 letter affirming traditional marriage as “rooted in the unwavering commitment of a man and a woman.” During her confirmation hearings, she controversially referred to LGBTQ+ individuals as having “sexual preference,” later apologizing.
Several Republican-led state legislatures are currently pushing resolutions urging the Supreme Court to overturn Obergefell v. Hodges, the 2015 decision legalizing same-sex marriage. In her new book, Barrett distinguishes abortion from other rights like marriage, suggesting the “complicated moral debate” around abortion differentiates it from rights that enjoy broader public support.
Barrett’s Growing Independence and Influence
Despite her conservative credentials, Barrett has demonstrated surprising independence from the court’s conservative bloc in some cases. Legal observers note she’s “striking Sandra Day O’Connor’s path” by being “independent of her conservative brethren on some important questions.” This has made her a justice to watch, as Chief Justice Roberts may increasingly need to negotiate with her for crucial fifth votes.
Her voting statistics reflect her conservative alignment but also show strategic positioning: in the 2023-2024 term, she was in the majority 92% of the time, and averaged 91% majority alignment since joining the court.
Her New Book: “Listening to the Law”
Barrett’s memoir “Listening to the Law: Reflections on the Court and Constitution” was released on September 9, 2025. The book provides unprecedented insight into Supreme Court operations and her judicial philosophy. Beyond defending the Dobbs decision, she reveals personal struggles with cases she found “distasteful to cast,” particularly regarding capital punishment.
Barrett’s Writings and Academic Work
Barrett’s notable works include:
- “Listening to the Law: Reflections on the Court and Constitution” (September 2025) – her memoir
- Numerous law review articles during her Notre Dame professorship (2002-2017)
- Federal court opinions from her Seventh Circuit tenure (2017-2020)
- Supreme Court opinions since 2020
Research Note: For comprehensive access to her academic writings, researchers should check Notre Dame Law School’s faculty repository, legal databases like Westlaw or LexisNexis, and Google Scholar for open-access pieces.
The Broader Implications
Barrett’s position as the court’s potential swing vote on social issues makes her arguably the most consequential justice for the future of American civil rights. At 53, she could serve for decades, shaping law long after current political dynamics change. Her approach of distinguishing between different types of rights based on historical grounding and public acceptance suggests a methodical strategy for rolling back progressive precedents.
Barrett appears “key” to potential rulings on same-sex marriage, given both her stated judicial philosophy and the current legal landscape where conservative activists are actively challenging Obergefell. Her role in the conservative majority’s systematic dismantling of liberal precedents positions her as one of the most watched and influential justices in modern Supreme Court history.
Sources
Article researched and compiled September 6, 2025
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