Justice Amy Coney Barrett has released a new book titled Listening to the Law, which presents a unique perspective on the judicial role in American democracy. Rather than advocating for judges to impose their views, Barrett argues that they should listen to the law itself, promoting a philosophy that emphasizes understanding over interpretation.
Listening as Judicial Philosophy
In her book, Barrett articulates a vision where judges do not dictate what the law should be but instead pay close attention to the text as understood by elected representatives. She emphasizes that her approach is not about reshaping the Constitution to fit personal beliefs but rather about respecting its historical context and the interpretations developed over the past 250 years.
Barrett acknowledges that she is part of a long-standing institution, one that predated her appointment and will continue beyond her tenure. This recognition of history underlines her commitment to a judicial philosophy grounded in respect for the legacy of the Constitution.
Unlike some of her peers, Barrett’s ascent to the Supreme Court was not primarily driven by personal ambition. While her nomination was undoubtedly a significant achievement, she approached it with a sense of duty. Barrett accepted the role out of love for her country and respect for the institution, rather than a desire for self-promotion. She reflects on the sacrifices involved, including uprooting her family and facing increased security risks.
A Practical Guide to the Court
The tone of Listening to the Law also addresses common questions about the Supreme Court’s operations. Barrett provides insights into how the court functions, making the book an informative resource for those seeking to understand this vital institution. For instance, she candidly admits that she does not read every amicus brief submitted in cases, a reality often overlooked in discussions about the judicial process.
Barrett further explains her strategies for mitigating political bias in decision-making. She encourages advocates to prepare arguments that could apply across different political contexts, emphasizing the importance of being able to adapt one’s position to show its validity regardless of the party involved.
Throughout the book, Barrett engages with the concept of originalism, a judicial philosophy she shares with her mentor, the late Justice Antonin Scalia. She defends originalism as a principled method of interpreting the Constitution, providing readers with a robust understanding of its significance.
Barrett reflects on Scalia’s belief that a good judge must accept that they will not always agree with their conclusions. This lesson resonates throughout her writing, as she argues that judges should act as servants of the law, prioritizing listening over speaking. Her insights offer not only a glimpse into her judicial mindset but also a reminder of the essential role of humility in the judicial process.
As Justice Barrett continues to influence American law, Listening to the Law serves as an essential guide for understanding her approach to the judiciary. It reinforces the notion that listening may be one of the most critical responsibilities a justice can embrace, fostering a more profound respect for the law and its historical foundations.
Author Carrie Campbell Severino, president of the Judicial Crisis Network (JCN) and co-author of Justice on Trial, reflects on Barrett’s contributions to the legal landscape, highlighting the importance of her perspectives in contemporary judicial discourse.