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Amy Coney Barrett (view source)

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During the confirmation hearings, Judge Barrett rejected judicial supremacy

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In early October 10, 2020, Sen. [[Chris Coons]] (D–[[Delaware|DE]]) said of Barrett:

{{quotebox|I think she ''is'' qualified as a judge.<ref>[https://townhall.com/tipsheet/juliorosas/2020/10/07/even-a-democrat-was-forced-to-admit-amy-coney-barrett-is-a-qualified-judge-for-scotus-n2577631 Even a Democrat Was Forced to Admit Amy Coney Barrett Is a Qualified Judge for SCOTUS]</ref>}}

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== Declines to Embrace Judicial Supremacy ==

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During the confirmation hearings, Judge Barrett rejected [[judicial supremacy]]:

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{{quotebox|SEN. LEAHY: Now, I asked you last time what Justice Barrett would do if a President or even a Senator did not follow a Supreme Court decision. You declined. You said the question may come before you. I then asked you if the Supreme Court would have the final word. You stated the Supreme Court would have the final word as far as the lower courts are concerned. That surprised me, and it concerned me. I'll tell you why. I asked Justice Gorsuch and Justice Kavanaugh those questions. I asked them what happens, and they made it clear that a President cannot refuse to comply with a court order, and the Supreme Court's word is the final word on that matter. Justice Gorsuch and Justice Kavanaugh said that. So I would ask you this. Do you agree a president must follow a court order, and the Supreme Court's word is final, or is the Supreme Court's word only final as far as the lower courts are concerned?

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JUDGE BARRETT: Senator, I'm glad to have the opportunity to clarify from our conversation. First, I know that both Justices Gorsuch and Kavanaugh said that "no man is above the law," and I agree with that.

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JUDGE BARRETT: But I conversed with Senator Lee yesterday about Federalist 78, which says that courts have neither force nor will. In other words, we can't do anything to enforce our own judgments. And so what I meant in the conversation with you is that as a matter of law, the supreme court may have the final word, but the Supreme Court lacks control over what happens after that. The Supreme Court and any federal court has no power, no force, and no will, so it relies on the other branches to react to its judgments accordingly.<ref>https://reason.com/2020/10/15/judge-barrett-refuses-to-accept-the-mythicized-account-of-brown/</ref>}}

==References==

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