Milwaukee Journal Sentinel

Profile of Amy Coney Barrett.

Supreme Court nominee is Notre Dame professor

- Richard Wolf and Maureen Groppe USA TODAY

The last time Amy Coney Barrett was nominated for a federal court judgeship, her deep religious conviction­s came under attack from Democrats who voted almost in lockstep against her.

Now that President Donald Trump has nominated her again – this time for a seat on the Supreme Court that she may hold for decades to come – Democrats once again are sure to vote against her. But not because of her religion.

Barrett told Trump on Saturday she was “deeply honored” by the confidence he’d placed in her. “I love the United States and I love the United States Constituti­on,” Barrett said in remarks in the White House Rose Garden, adding she was “truly humbled by the prospect of serving on the Supreme Court.”

A day after Associate Justice Ruth Bader Ginsburg was honored at the U.S. Capitol, Barrett paid homage to Ginsburg as a trailblaze­r for women. The late justice “not only broke glass ceilings, she smashed them,” Barrett said.

Barrett, 48, proved to be a Teflon nominee in 2017 for a seat on the U.S. Court of Appeals for the 7th Circuit. Not only did she deflect Democratic Sen. Dianne Feinstein’s concern that “the dogma lives loudly within you,” but her Catholic and conservati­ve backers used the phrase on T-shirts, tote bags and coffee mugs in a sign of support.

This time, her nomination to the seat held for 27 years by Ginsburg – a women’s rights icon and the subject of far more parapherna­lia – makes Barrett’s nomination a potential turning point for the nation’s judicial system. So rather than focusing on religion, opponents are warning of possible Supreme Court reversals on abortion, guns, health care and more.

“Even in her short time on the bench, (Barrett) has very concerning rulings that relate to important issues, like protection­s for LGBTQ Americans, immigrants, the Affordable Care Act, and abortion rights,” Elizabeth Wydra, president of the liberal Constituti­onal Accountabi­lity Center, said earlier this week. “So we should be concerned about this particular nominee.”

But Barrett’s allies and colleagues herald her as an almost perfect choice based on her judicial opinions, academic writings and personal life as the mother of seven children.

“She is a respected scholar, an awardwinni­ng teacher, a razor-sharp lawyer, a discipline­d and diligent jurist, and a person of the highest character,” Rick Garnett, founding director of Notre Dame Law School’s Program on Church, State, and Society, said in 2018 when Barrett competed for the nomination that went to Brett Kavanaugh.

Barrett, born in New Orleans, has been winning kudos like that for decades. Every living law clerk who worked at the Supreme Court during its 1998 term signed a letter in 2017 endorsing her appeals court nomination, including those who worked for liberal justices.

That popularity has been evident as well at Notre Dame Law School, where Barrett, an alumni, has been named professor of the year three times since 2002.

“She’s mind-blowingly intelligen­t, and she’s also one of the most humble people you’re going to meet,” said professor Stephen Yelderman, a recent law clerk for Associate Justice Neil Gorsuch. “Judge Barrett is the complete package.”

‘Kingdom of God’

In 2006, Barrett described her vision for being a “different kind of lawyer.”

Addressing Notre Dame Law School’s 2006 graduating class, she reminded the students that their legal careers are but a means to an end: namely, building the “kingdom of God.”

“If you can keep in mind that your fundamenta­l purpose in life is not to be a lawyer, but to know, love and serve God, you truly will be a different kind of lawyer,” she said.

Barrett’s past membership in the religious group People of Praise has been scrutinize­d by national media outlets. The group dates to the early 1970s and grew out of the “charismati­c” movement, sharing some traits of Protestant Pentecosta­l groups. It has about 1,700 adult members today.

If her religious views are less controvers­ial this time around, her opinions and writings on abortion and other hot-button issues will take center stage.

Barrett has written Supreme Court precedents are not sacrosanct, which liberals have interprete­d as a threat to the 1973 Roe v. Wade decision legalizing abortion nationwide.

‘Value of human life’

A former member of the University of Notre Dame’s “Faculty for Life,” Barrett signed a 2015 letter to Catholic bishops that affirmed the “teachings of the Church as truth.” Among those teachings: the “value of human life from conception to natural death” and marriagefa­mily values “founded on the indissolub­le commitment of a man and a woman.”

Those views give anti-abortion groups hope that with her vote, the Supreme Court will uphold efforts by states to further restrict abortion rights – and potentiall­y overrule Roe v. Wade some day.

“This is a turning point for the nation in the fight to protect its most vulnerable, the unborn,” Marjorie Dannenfels­er, president of the Susan B. Anthony List, which opposes abortion, said upon Ginsburg’s death last week.

In a 2013 speech at Notre Dame on the 40th anniversar­y of Roe v. Wade, Barrett said the ruling “essentiall­y permitted abortion on demand.” But she declared it “very unlikely” the Supreme Court ever would overturn its core protection of abortion rights, according to coverage of her remarks in university publicatio­ns.

“The fundamenta­l element, that the woman has a right to choose abortion, will probably stand,” the student newspaper The Observer quoted her saying. “The controvers­y right now is about funding. It’s a question of whether abortions will be publicly or privately funded.”

Beyond abortion, liberals are most concerned about Barrett’s effect on health care, specifically the Affordable Care Act. The law is coming before the court again in November, with Texas leading a group of states seeking to strike it down. If confirmed by the Senate

before Election Day, she could be on the bench to hear that case a week later.

‘Impressive as they come’

During her three years on the U.S. Court of Appeals for the 7th Circuit, which includes Indiana, Illinois and Wisconsin, Barrett has ruled in cases involving abortion, sexual assault, guns, race and immigratio­n. Among them:

Abortion: Barrett signed a dissent indicating she would have reheard Indiana’s defense of a law banning abortions based on sex, race or disability. Indiana did not seek the appeals court’s review, but the dissent neverthele­ss referred to “eugenics” and said “none of the (Supreme) Court’s abortion decisions holds that states are powerless to prevent abortions designed to choose the sex, race, and other attributes of children.” The high court later refused to consider the state’s appeal.

Sexual assault: Barrett and two other judges reversed a lower court ruling and allowed a male student to sue Purdue University for suspending him after finding him guilty of sexual assault. The student’s “allegation­s raise a plausible inference that he was denied an educationa­l benefit on the basis of his sex,” she wrote.

Guns: Barrett dissented when the court upheld a decision restrictin­g the Second Amendment rights of a felon convicted of mail fraud. She said nonviolent offenders should not lose their constituti­onal right to firearms possession.

Immigratio­n: In dissent, Barrett defended the Trump administra­tion’s rule denying immigrants permanent residence if they become regular users of public assistance.

Race: Barrett helped to block the U.S. Equal Employment Opportunit­y Commission’s effort to stop an employer from transferri­ng Chicago-area employees based on their race or ethnicity.

Age discrimina­tion: Barrett ruled that the Age Discrimina­tion in Employment Act does not apply when policies impact plaintiffs unintentio­nally. The ruling went against a 58-year-old job applicant who lost out to someone half his age when the company sought to hire a person with less than seven years’ experience.

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