Changes

Axios reported a "scoop" that [[President Trump]] is "saving" Judge Barrett to be [[Ruth Ginsburg|Ginsburg]]'s replacement.<ref>[https://www.axios.com/supreme-court-trump-judge-amy-barrett-ruth-bader-ginsburg-11d25276-a92e-4094-8958-eb2d197707c8.html Scoop: Trump "saving" Judge Amy Barrett for Ruth Bader Ginsburg seat]</ref> As he was deliberating last year over replacing Supreme Court Justice [[Anthony Kennedy]], Trump told confidants he had big plans for Judge Amy Coney Barrett.

Axios reported a "scoop" that [[President Trump]] is "saving" Judge Barrett to be [[Ruth Ginsburg|Ginsburg]]'s replacement.<ref>[https://www.axios.com/supreme-court-trump-judge-amy-barrett-ruth-bader-ginsburg-11d25276-a92e-4094-8958-eb2d197707c8.html Scoop: Trump "saving" Judge Amy Barrett for Ruth Bader Ginsburg seat]</ref> As he was deliberating last year over replacing Supreme Court Justice [[Anthony Kennedy]], Trump told confidants he had big plans for Judge Amy Coney Barrett.

"I'm saving her for Ginsburg," Trump said of Barrett, according to three sources familiar with the president's private comments. Trump used that exact line with a number of people, including in a private conversation with an adviser two days before announcing Brett Kavanaugh's nomination. On September 25, 2020, reports circulated that the President had decided to nominate Barrett to replace Ginsburg, confirmed by Trump at a press conference the following day.<ref>[https://www.cnn.com/2020/09/25/politics/donald-trump-amy-coney-barrett-supreme-court/index.html Sources: Trump intends to choose Amy Coney Barrett for Supreme Court]</ref> After a Senate hearing in which she impressed members of both parties (though no Democratic senators voted in her favor), she was confirmed 52-48 on October 26, and sworn in by Supreme Court Associate Justice [[Clarence Thomas]] the same day.

"I'm saving her for Ginsburg," Trump said of Barrett, according to three sources familiar with the president's private comments. Trump used that exact line with a number of people, including in a private conversation with an adviser two days before announcing Brett Kavanaugh's nomination. On September 25, 2020, reports circulated that the President had decided to nominate Barrett to replace Ginsburg, confirmed by Trump at a press conference the following day.<ref>[https://www.cnn.com/2020/09/25/politics/donald-trump-amy-coney-barrett-supreme-court/index.html Sources: Trump intends to choose Amy Coney Barrett for Supreme Court]</ref>

Barrett is a favorite among conservative activists, many of whom wanted her to take Kennedy’s spot."<ref>https://www.axios.com/supreme-court-trump-judge-amy-barrett-ruth-bader-ginsburg-11d25276-a92e-4094-8958-eb2d197707c8.html</ref>

Barrett is a favorite among conservative activists, many of whom wanted her to take Kennedy’s spot."<ref>https://www.axios.com/supreme-court-trump-judge-amy-barrett-ruth-bader-ginsburg-11d25276-a92e-4094-8958-eb2d197707c8.html</ref>

Judge Barrett has written that [[stare decisis]] or judicial precedent is not absolutely binding and can be overturned for solid reasons: “I tend to agree with those who say that a justice’s duty is to the Constitution and that it is thus more legitimate for her to enforce her best understanding of the Constitution rather than a precedent she thinks is clearly in conflict with it.” <ref>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2291141</ref>

Judge Barrett has written that [[stare decisis]] or judicial precedent is not absolutely binding and can be overturned for solid reasons: “I tend to agree with those who say that a justice’s duty is to the Constitution and that it is thus more legitimate for her to enforce her best understanding of the Constitution rather than a precedent she thinks is clearly in conflict with it.” <ref>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2291141</ref>

==Early Life==

==Early Life==

Some of Barrett's more notable legal publications regard the doctrine of ''stare decisis'', that previous legal precedents can, in certain cases, be binding on future courts. She has suggested the doctrine is sometimes applicable, but only in relatively limited circumstances, for instance on matters in which a court decision has such overwhelming support from the legal community and from the broader public that overturning it would be practically unthinkable. ''[[Brown v. Board of Education]]'', according to Barrett, would be an example of this. Otherwise, ''stare decisis'' is not inviolable; in situations where precedent and the Constitution come into conflict, the Constitution must have first consideration.<ref>http://texaslawreview.org/wp-content/uploads/2015/08/Barrett.pdf</ref>

Some of Barrett's more notable legal publications regard the doctrine of ''stare decisis'', that previous legal precedents can, in certain cases, be binding on future courts. She has suggested the doctrine is sometimes applicable, but only in relatively limited circumstances, for instance on matters in which a court decision has such overwhelming support from the legal community and from the broader public that overturning it would be practically unthinkable. ''[[Brown v. Board of Education]]'', according to Barrett, would be an example of this. Otherwise, ''stare decisis'' is not inviolable; in situations where precedent and the Constitution come into conflict, the Constitution must have first consideration.<ref>http://texaslawreview.org/wp-content/uploads/2015/08/Barrett.pdf</ref>

==Nomination to the Supreme Court==

==United States Supreme Court==

 

Immediately following the death of Justice Ruth Bader Ginsburg on September 18, 2020, rumors circulated that Barrett would be nominated to replace her. President Trump himself and those around him sent signals at once that he would select a woman to replace Ginsburg, and though [[Barbara Lagoa]] and other judges were also mentioned, Barrett received the most attention. This speculation was substantiated a week later, when Republican sources announced that Trump had decided to nominate her, and the President confirmed this at his press conference on the 26th. In his statement, Trump described Barrett as "very imminently qualified for the job," praised her "loyalty to the Constitution," and noted the bipartisan vote she had received in her confirmation to the Seventh Circuit. In her own remarks, Barrett praised Ginsburg's achievements in her legal career, while also stressing her originalist philosophy in speaking of her former boss Scalia and saying "His judicial philosophy is mine too...judges are not policymakers."

Immediately following the death of Justice Ruth Bader Ginsburg on September 18, 2020, rumors circulated that Barrett would be nominated to replace her. President Trump himself and those around him sent signals at once that he would select a woman to replace Ginsburg, and though [[Barbara Lagoa]] and other judges were also mentioned, Barrett received the most attention. This speculation was substantiated a week later, when Republican sources announced that Trump had decided to nominate her, and the President confirmed this at his press conference on the 26th. In his statement, Trump described Barrett as "very imminently qualified for the job," praised her "loyalty to the Constitution," and noted the bipartisan vote she had received in her confirmation to the Seventh Circuit. In her own remarks, Barrett praised Ginsburg's achievements in her legal career, while also stressing her originalist philosophy in speaking of her former boss Scalia and saying "His judicial philosophy is mine too...judges are not policymakers."

*Ruger, Todd (October 22, 2020). [https://www.rollcall.com/2020/10/22/senate-judiciary-sends-amy-coney-barrett-nomination-to-the-floor-with-no-democratic-votes/ Senate Judiciary sends Amy Coney Barrett nomination to the floor with no Democratic votes]. ''Roll Call''. Retrieved October 22, 2020.

*Ruger, Todd (October 22, 2020). [https://www.rollcall.com/2020/10/22/senate-judiciary-sends-amy-coney-barrett-nomination-to-the-floor-with-no-democratic-votes/ Senate Judiciary sends Amy Coney Barrett nomination to the floor with no Democratic votes]. ''Roll Call''. Retrieved October 22, 2020.

*Hoft, Jim (October 22, 2020). [https://www.thegatewaypundit.com/2020/10/breaking-senate-judiciary-committee-confirms-amy-coney-barrett-supreme-court-democrats-boycott-committee-vote/ BREAKING: Senate Judiciary Committee Confirms Amy Coney Barrett for Supreme Court — Democrats Boycott Committee Vote]. ''The Gateway Pundit''. Retrieved October 22, 2020.</ref>

*Hoft, Jim (October 22, 2020). [https://www.thegatewaypundit.com/2020/10/breaking-senate-judiciary-committee-confirms-amy-coney-barrett-supreme-court-democrats-boycott-committee-vote/ BREAKING: Senate Judiciary Committee Confirms Amy Coney Barrett for Supreme Court — Democrats Boycott Committee Vote]. ''The Gateway Pundit''. Retrieved October 22, 2020.</ref>

== Declines to Embrace Judicial Supremacy ==

== Declines to Embrace Judicial Supremacy ==