What would #AntoninScalia have thought of 2026 ICE?

As justices confront harassment, death threats and an assassination attempt, Barrett declares “I’m not afraid” – CBS News

Politics

As justices confront harassment, death threats and an assassination attempt, Barrett declares “I’m not afraid”

By Jan Crawford, Updated on: October 5, 2025 / 8:06 AM EDT / CBS News

Note: Below video via CBS News.

Whenever Justice Amy Coney Barrett arrived at an auditorium or a library or a university last month to discuss her new book, she encountered a familiar sight: protesters.

They lined the streets, chanting and carrying signs. One wore a handmaid’s costume, a symbol of oppression. Another was dressed as liberal icon Justice Ruth Bader Ginsburg, whose death in 2020 created a vacancy on the Supreme Court that President Trump would fill with Barrett.

For Barrett, protesters have become routine, another logistical wrinkle in her everyday life, much like the ones who regularly gather at her home outside Washington, D.C., where she lives with her husband and younger children. What surprises her, she told me in a wide-ranging interview in her chambers late last month, is how she can let it roll off her back.

“If I had imagined before I was on the Court, how I would react to knowing that I was being protested, that would have seemed like a big deal, like, ‘oh, my gosh, I’m being protested,'” she says. “But now I have the ability to be like, ‘Oh, okay, well, are the entrances blocked?’ I just feel very businesslike about it. It doesn’t matter to me. It doesn’t disrupt my emotions.”

A fury of protests against conservative justices erupted in 2022, when news leaked that the Court was poised to overturn the landmark decision Roe v. Wade. Barrett, a conservative in the mold of her former mentor and boss Antonin Scalia, was a particular source of ire. Replacing Ginsburg, whose legal career was grounded in women’s rights, she provided a key fifth vote to overturn Roe and let each state decide whether to allow abortion or not. But the decision also unleashed something much darker.

On Friday, a California resident was sentenced to eight years in prison for the attempted assassination of Justice Brett Kavanaugh, who also voted to overturn Roe. Court papers revealed the perpetrator had also mapped out the homes of three other conservative justices, including Barrett’s. Death threats have not gone away, and security remains high at their homes and whenever they appear in public. 

I asked Barrett if she is ever afraid. Her response was immediate and emphatic: “I’m not afraid.”

“You can’t live your life in fear,” she continued. “And I think people who threaten — the goal is to cause fear. And I’m not afraid. I’m not going to reward threats with their intended reaction.” 

That kind of mental discipline and self control, even in the face of threats and extreme criticism, reflects an outlook that has guided the 53-year-old Barrett much of her life. 

“I don’t make decisions emotionally. I try very hard not to let emotions guide decisions in any aspect of my life. The way that I respond to people, the choices that we make,” she continues, adding with a laugh, “apart from maybe some impulse buys of clothes or something.” 

That outlook is also reflected in her approach to the law. 

On the Supreme Court, Barrett’s opinions are highly analytical. She doesn’t like to decide more than the issue at hand, which is one reason she has parted ways with conservative colleagues who would rather swing for the fences, like in a case two terms ago when the Court ruled states cannot remove Trump from the ballot. Barrett agreed on the bottom line, but had a more limited approach. 

As a former law professor, she can be formalistic and technical, qualities that also can separate her from other conservatives, as in a 2024 case that attempted to hold the Biden administration responsible for suppressing speech on social media during Covid.

Now entering her sixth year on the Court, Barrett continues to defy stereotypes. Critics span the political spectrum, not only Democrats after she voted to overturn Roe, but more recently Republicans in the wake of decisions at odds with President Trump. She is “confounding the Right and the Left,” as the New York Times put it, raising hopes and fears on both sides.

That’s partly because, in decades past, some conservative justices have turned out to be anything but conservative. Would Barrett, too, go that route? And it’s also in part because of a fundamental misunderstanding about the Court, reflecting an idea that the justices are mere political actors who should stay on their respective sides, regardless of the law.

“That is a notion that I try to disabuse people of in the book,” she says. 

Correcting some of those public misperceptions that the Supreme Court is driven by politics or outcomes or is loyal to Trump is one of her main goals with her new book, “Listening to the Law.” She is part teacher, part tour guide, taking the reader inside the Court and highlighting some of its most controversial decisions to explain how the justices interpret the Constitution and the differences in conservative and liberal philosophies. 

And there is no case more controversial than the 5-4 decision overturning Roe, Dobbs v. Jackson Women’s Whole Health. Barrett uses it to explain how she and the Court’s conservative majority interpret the Constitution with a method known as “originalism,” focusing on the Constitution’s original meaning, the way the public understood it when it was adopted.

Continue/Read Original Article Here: As justices confront harassment, death threats and an assassination attempt, Barrett declares “I’m not afraid” – CBS News

#2025 #America #AmyConeyBarrett #AntoninScalia #BookTour #CBS #CBSNews #DonaldTrump #Education #Health #History #JusticeBarrett #JusticeGinsburg #Libraries #LibraryOfCongress #Opinion #OverturningRoeVWade #Politics #Protestors #Resistance #RoeVWade #Science #SCOTUS #Trump

Amy 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

  • Wikipedia Contributors. “Amy Coney Barrett.” Wikipedia, May 7, 2017. https://en.wikipedia.org/wiki/Amy_Coney_Barrett
  • CNN. “Exclusive: Justice Amy Coney Barrett defends overturning Roe v. Wade and reveals Supreme Court dynamics in new book.” CNN Politics, September 2, 2025. https://www.cnn.com/2025/09/02/politics/amy-coney-barrett-book-supreme-court-abortion
  • National Women’s History Museum. “Amy Coney Barrett.” Women’s History Museum, August 31, 2021. https://www.womenshistory.org/education-resources/biographies/amy-coney-barrett
  • Ballotpedia. “Amy Coney Barrett.” Ballotpedia, September 28, 2020. https://ballotpedia.org/Amy_Coney_Barrett
  • Reuters. “US Supreme Court’s Barrett defends overturning abortion right in new book.” Reuters Legal, September 2, 2025. https://www.reuters.com/legal/government/us-supreme-courts-barrett-defends-overturning-abortion-right-new-book-2025-09-02/
  • Newsweek. “What Amy Coney Barrett Has Said on Gay Marriage as Republicans Push to End Same-Sex Marriage.” Newsweek, March 14, 2025. https://www.newsweek.com/what-amy-coney-barrett-has-said-gay-marriage-republicans-push-end-2044855
  • Alliance for Justice. “USA Today: How Amy Coney Barrett emerged as the Supreme Court Justice to Watch.” Alliance for Justice, July 10, 2024. https://afj.org/article/usa-today-how-amy-coney-barrett-emerged-as-the-supreme-court-justice-to-watch/
  • Reagan Foundation. “A Conversation and Book Signing with Supreme Court Associate Justice Amy Coney Barrett.” Reagan Foundation Events, August 31, 2025. https://www.reaganfoundation.org/events/a-conversation-and-book-signing-with-amy-coney-barrett
  • Justia. “Justice Amy Coney Barrett.” Justia U.S. Supreme Court Center, October 26, 2020. https://supreme.justia.com/justices/amy-coney-barrett/
  • Newsweek. “Amy Coney Barrett Reveals Her ‘Distasteful’ Supreme Court Vote.” Newsweek, September 3, 2025. https://www.newsweek.com/amy-coney-barrett-supreme-court-distasteful-vote-2124025
  • New York Court Watcher. “Splinters in the 6-3 Supreme Court (Part 1: Amy Coney Barrett).” New York Court Watcher, December 30, 2024. http://www.newyorkcourtwatcher.com/2024/12/splinters-in-6-3-supreme-court-part-1.html
  • Newsweek. “Amy Coney Barrett Says ‘Rights to Marry’ Are Different From Abortion.” Newsweek, September 2, 2025. https://www.newsweek.com/amy-coney-barrett-abortion-supreme-court-decision-2123359
  • Library of Congress. “Justice Amy Coney Barrett.” 2025 National Book Festival, July 7, 2025. https://www.loc.gov/events/2025-national-book-festival/authors/item/no2020054095/justice-amy-coney-barrett/
  • Empirical SCOTUS. “The Real A.C.B.” Empirical SCOTUS, March 31, 2025. https://empiricalscotus.com/2025/04/01/the-real-a-c-b/
  • Barnes & Noble. “Listening to the Law: Reflections on the Court and Constitution by Amy Coney Barrett.” Barnes & Noble, August 31, 2025. https://www.barnesandnoble.com/w/listening-to-the-law-amy-coney-barrett/1147168709
  • Cornell Law School. “Textualism.” Wex Legal Information Institute, July 24, 2016. https://www.law.cornell.edu/wex/textualism
  • Wikipedia Contributors. “Textualism.” Wikipedia, November 9, 2005. https://en.wikipedia.org/wiki/Textualism
  • Pacific Legal Foundation. “Originalism vs. Textualism.” Pacific Legal Foundation, December 13, 2023. https://pacificlegal.org/originalism-vs-textualism-vs-living-constitutionalism/
  • EBSCO Research Starters. “Textualism.” EBSCO Research Starters – Law, October 31, 2020. https://www.ebsco.com/research-starters/law/textualism
  • Article researched and compiled September 6, 2025

    #2025 #AbortionRights #AI #America #AmyConeyBarrett #AntoninScalia #artificialIntelligence #DonaldTrump #Education #Health #History #Justices #Libraries #Library #LibraryOfCongress #Marriage #Opinion #Perplexity #Politics #Reading #Resistance #SameSexMarriage #Science #SCOTUS #Trump #TrumpAdministration #USSupremeCourt #UnitedStates

    …the most dramatic 1993-94 evidence of #DavidSouter's increasingly influential intellectual leadership of the Court's 6 mainstream members was the growing number of combative references that #AntoninScalia was directing to him in multiple opinions. #SCOTUS insiders emphasize that in person, the 2 justices "like each other,” …but based upon the written record, there is little doubt that Scalia now realizes…that he has decisively lost the struggle for #intellectual leadership of the Court….

    #law

    The SHOCKING SECRETS of Ginni & Clarence Thomas FINALLY REVEALED

    YouTube

    #MitchMcConnell held open the seat that had been occupied by Justice #AntoninScalia, a #conservative, until #Trump became president. Trump put forward Neil M. #Gorsuch.

    McConnell said #MerrickGarland’s nomination came too close to the 2016 presidential election, but he later helped push through the nomination of #AmyConeyBarrett [less than 1 month prior to the 2020 election]…, after the death of Justice #RuthBaderGinsburg, a *#liberal*.

    #law #ethics #SCOTUS #PartisanCourt #ActivistCourt #USpol

    #AileenCannon went to an event in Arlington, Virginia, honoring the late #SCOTUS Justice #AntoninScalia, acc/to documents obtained from the #Law & Economics Center at George Mason University. At a lecture & private dinner, she sat among members of Scalia’s family, fellow #FederalistSociety members & >30 #conservative federal judges. Organizers billed the event as “an excellent opportunity to connect w/ judicial colleagues.”

    #law #ethics #judiciary #JudicialEthics

    #Trump’s lawyer on Thurs will be Mitchell, who was a #law clerk to Justice #AntoninScalia, the late Supreme Court #conservative. Mitchell will be standing…before …(#SCOTUS) for the 6th time & is scheduled to make his 7th trip later this month for a #SecondAmendment case, challenging a #federal #ban on #BumpStocks (a #semiautomatic #gun stock for rapid ammo reloading — cuz apparently the #FarRight thinks that’s something people need outside of war zones).