Amy Coney Barrett

associate justice of the U.S. Supreme Court
Also known as: Amy Coney, Amy Vivian Coney Barrett
Quick Facts
In full:
Amy Vivian Coney Barrett
Born:
January 28, 1972, New Orleans, Louisiana (age 53)
Notable Family Members:
daughter of Michael Coney
daughter of Linda Coney
married to Jesse Barrett (1999–present)
Education:
Rhodes College (B.A., 1994)
Notre Dame Law School (J.D., 1997)
St. Mary’s Dominican High School

Amy Coney Barrett (born January 28, 1972, New Orleans, Louisiana) is an associate justice of the Supreme Court of the United States from 2020. She was the fifth woman to serve on the Supreme Court.

Amy Coney was the first of eight children of Linda Coney (née Vath), a high-school French teacher, and Michael Coney, an attorney. Her family was devoutly Roman Catholic, belonging to the People of Praise, an organization devoted to supporting closely knit Christian communities. Barrett attended Catholic schools and graduated from the all-girls St. Mary’s Dominican High School.

Barrett earned her undergraduate degree (magna cum laude) in 1994 from Rhodes College in Memphis, Tennessee. She subsequently attended Notre Dame Law School in South Bend, Indiana, earning a J.D., or juris doctor (summa cum laude), degree in 1997.

Washington Monument. Washington Monument and fireworks, Washington DC. The Monument was built as an obelisk near the west end of the National Mall to commemorate the first U.S. president, General George Washington.
Britannica Quiz
All-American History Quiz

Following her graduation from law school, Barrett completed two prestigious federal clerkships, positions typically filled for one year by top graduates from highly regarded law schools. Barrett first clerked for Judge Laurence Silberman of the U.S. Circuit Court of Appeals for the District of Columbia Circuit. She then clerked for Supreme Court Justice Antonin Scalia, an influential conservative jurist and a prominent advocate of the method of constitutional interpretation known as originalism. Scalia was an important influence on Barrett: upon accepting her nomination to the Supreme Court, Barrett would say of Scalia, “His judicial philosophy is mine, too.”

After clerking, Barrett remained in Washington, D.C., practicing as an attorney with the law firm of Miller, Cassidy, Larroca, & Lewin, which became a part of the international firm Baker Botts in 2001. While at Miller, Barrett worked for the presidential campaign of George W. Bush in its litigation in Bush v. Gore (2000), the landmark Supreme Court case that ultimately determined the outcome of the 2000 election by ending a legally mandated recount of votes in Florida, resulting in Bush being declared the winner of the state’s pivotal electoral college votes. Barrett is one of three Supreme Court justices—along with Chief Justice John Roberts and Associate Justice Brett Kavanaugh—to have participated in the election litigation on behalf of Bush.

Barrett left private practice in 2001 to begin a career in legal academia. After a yearlong stint as a fellow at the George Washington University Law School, she returned to Notre Dame Law School as a professor of law. Her teaching and scholarship focused on constitutional law, constitutional theory, statutory interpretation, civil procedure, evidence, and the federal courts. She frequently gave public lectures illuminating various aspects of constitutional law and appellate practice. A regular topic of her talks was originalism, the method of constitutional interpretation favored by conservatives, whereby semantic indeterminacies in the text are resolved by looking to the original public meanings of the words in question. Regular venues for her talks were meetings of the Federalist Society, the principal organization of the contemporary conservative legal movement. Barrett, a member of the society, was a rising star in that movement, which has as one of its main goals the filling of federal judgeships with accomplished conservative jurists.

In May 2017 Barrett was nominated by Republican Pres. Donald Trump to fill a seat on the U.S. Circuit Court of Appeals for the Seventh Circuit that had been vacated by the retirement of John Daniel Tinder during Pres. Barack Obama’s tenure but that Senate Republicans had held open by refusing to confirm Obama’s nominee. During Barrett’s confirmation hearings, Democratic Sen. Dianne Feinstein said to Barrett, “The dogma lives loudly within you,” implying that Barrett’s legal philosophy was inordinately influenced by her religious beliefs. Barrett was confirmed by the Senate on October 31, 2017, by a vote of 55 to 43 (two senators did not vote). The vote was largely along partisan lines, with only three Democratic senators voting in favor of Barrett’s confirmation, along with all 52 Republican senators.

Are you a student?
Get a special academic rate on Britannica Premium.

As a circuit court judge, Barrett exhibited conservative voting patterns. Writing for the court in Grussgott v. Milwaukee Jewish Day School (2018), she recognized a religious liberty exception to the Americans with Disabilities Act (1990) and on that ground barred a teacher’s discrimination lawsuit against the school that had employed her. Barrett’s dissenting opinion in Kanter v. Barr (2019) employed an originalist analysis to arrive at an expansive reading of the Second Amendment’s protection of the individual right to possess firearms as articulated in Scalia’s opinion for the Supreme Court in District of Columbia v. Heller (2008). In Doe v. Purdue University (2019), she held for the court that a male student who had been accused of sexual violence could sue his former university for allegedly denying him due process and discriminating against him on the basis of sex in violation of Title IX. (Barrett determined merely that the student had presented a valid legal claim; she did not resolve the claim itself one way or the other.) For the court in Yafai v. Pompeo (2019), she favored a highly deferential review of a consular officer’s rejection of a visa application based on that officer’s determination that the immigrants had attempted to smuggle their children into the United States. And in dissent in Cook County v. Wolf (2020), she argued that the Trump administration’s proposed redefinition of the term “public charge” in the Immigration and Nationality Act (1952), which would greatly reduce the number of immigrants granted admission to or legal permanent residency in the United States, was not unreasonable. Scholarly analyses of her time on the Seventh Circuit found her to be among the most conservative judges on the court.

On September 18, 2020, Supreme Court Associate Justice Ruth Bader Ginsburg died. Just over a week later, Trump nominated Barrett to fill the vacancy. Barrett’s nomination and confirmation sparked political controversy on both substantive and procedural grounds.

Barrett’s nomination prompted politically polarized responses based on anticipated consequences for the substance of Supreme Court decisions: conservatives and Republicans welcomed such changes, but liberals and Democrats opposed them. Barrett’s appointment was expected to move the Court’s decision-making in a more conservative direction. Via the 2016 Republican Party platform, Trump had committed himself to appointing Supreme Court justices who would overturn the Court’s earlier decisions in Roe v. Wade (1973)—which established the (qualified) right to abortion—and Obergefell v. Hodges (2015)—which established the right of same-sex couples to marry—and to strike down the Affordable Care Act (2010). Before Ginsburg’s death, the Court had been divided between five conservative Republican-appointed justices and four moderate-to-liberal Democratic-appointed justices (including Ginsburg). The Court regularly split along ideological lines in high-profile politically charged cases, but in some cases the moderate-liberal bloc would attract the support of Roberts, who wielded influence as the median justice—that justice whose vote is pivotal in breaking an otherwise 4–4 tie. With Barrett’s replacement of Ginsburg, the conservative wing of the Court would gain a 6–3 advantage. Moreover, given the expectation that Barrett’s voting behavior would be even more conservative than that of Roberts and the other Republican-appointed justices, Roberts would be displaced as the median justice by another justice (likely Kavanaugh) with a more consistently conservative voting record. Barrett’s confirmation was thus expected to provide conservatives with a significantly stronger advantage in cases before the Court, and, consequently, liberals and Democrats opposed her elevation.

Public reaction to Barrett’s nomination was further polarized over questions regarding the confirmation process itself. Republican senators were eager to confirm Barrett quickly, but Democrats complained about what they alleged was hypocrisy in Republicans’ handling of the vacancy, as compared with their response to a similar vacancy just four years earlier. After Scalia died in February 2016, Obama nominated a moderate, Merrick Garland, as his replacement, but the Republican-controlled Senate declined even to hold hearings on Garland’s nomination. In defense of their norm-breaking refusal, Republican senators argued that, because 2016 was a presidential election year, U.S. voters should have a say in how the seat would be filled—by electing the president who would nominate Scalia’s replacement (it was eventually filled by Trump nominee Neil Gorsuch). Ginsburg also died during a presidential election year, and in fact she died much closer to election day than Scalia had. But in 2020, Senate Republicans proceeded with Barrett’s confirmation anyway, asserting that they were justified in doing so because, unlike in 2016, the same (Republican) party controlled both the White House and the Senate. Democrats complained that Republicans were being inconsistent and unprincipled and that the confirmation process was being improperly rushed. Some Democrats suggested that if their party were to win both the Senate and the presidency in the 2020 election, serious consideration should be given to expanding the Court, either to establish a liberal majority or to restore an approximate ideological balance between conservative and liberal justices.

During Barrett’s confirmation hearings, Democratic senators asked Barrett about her views on several highly polarized issues, including abortion rights, same-sex marriage, and the Affordable Care Act. Consistently with the practice of many contemporary Supreme Court nominees—including Ginsburg—Barrett refused to disclose her likely rulings on matters that could potentially come before the Court. Democratic senators further questioned her regarding controversial statements made by Trump. Barrett refused to say whether the president could pardon himself, whether she believed in climate change, whether the government could separate immigrant children from their parents (as the Trump administration had done), whether voter intimidation is illegal, and whether Trump could refuse to accept the result of the upcoming presidential election (as he had threatened to do). Barrett insisted that she would come to the Supreme Court with “no agenda” and would act as no one’s “pawn.”

Barrett was confirmed on October 26, 2020, eight days before the election. The 52–48 confirmation vote was narrow and almost completely along party lines: every Democratic senator (and the two independent senators who caucused with the Democrats) voted against her confirmation, along with Republican Senator Susan Collins of Maine, who explained her “no” vote as an expression of her opposition to the hurried effort to confirm Barrett before election day and not as a judgment of Barrett’s fitness or qualifications to be a Supreme Court justice. Barrett was then sworn in as the 115th person, and the fifth woman, to serve as a Supreme Court justice.

Barrett is married to Jesse Barrett, an attorney and fellow graduate of Notre Dame Law School. They have seven children.

Aaron M. Houck
Quick Facts
Date:
1789 - present
Related People:
Cass Gilbert

Supreme Court of the United States, final court of appeal and final expositor of the Constitution of the United States. Within the framework of litigation, the Supreme Court marks the boundaries of authority between state and nation, state and state, and government and citizen.

What do you think?

Explore the ProCon debate

For detailed coverage of major cases recently argued before the Supreme Court, see Major Supreme Court Cases from the 2023–24 Term and Major Supreme Court Cases from the 2024–25 Term.

For a list of historically significant Supreme Court decisions, see the table below, Select decisions of the U.S. Supreme Court.

Scope and jurisdiction

The Supreme Court was created by the Constitutional Convention of 1787 as the head of a federal court system, though it was not formally established until Congress passed the Judiciary Act in 1789. Although the Constitution outlined the powers, structure, and functions of the legislative and executive branches of government in some detail, it did not do the same for the judicial branch, leaving much of that responsibility to Congress and stipulating only that judicial power be “vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” As the country’s court of last resort, the Supreme Court is an appellate body, vested with the authority to act in cases arising under the Constitution, laws, or treaties of the United States; in controversies to which the United States is a party; in disputes between states or between citizens of different states; and in cases of admiralty and maritime jurisdiction. In suits affecting ambassadors, other public ministers, and consuls and in cases in which states are a party, the Supreme Court has original jurisdiction—i.e., it serves as a trial court. Relatively few cases reach the court through its original jurisdiction, however; instead, the vast majority of the court’s business and nearly all of its most influential decisions derive from its appellate jurisdiction.

Size, membership, and organization

The organization of the federal judicial system, including the size of the Supreme Court, is established by Congress. From 1789 to 1807 the court comprised six justices. In 1807 a seventh justice was added, followed by an eighth and a ninth in 1837 and a tenth in 1863. The size of the court has sometimes been subject to political manipulation; for example, in 1866 Congress provided for the gradual reduction (through attrition) of the court to seven justices to ensure that President Andrew Johnson, whom the House of Representatives later impeached and the Senate only narrowly acquitted, could not appoint a new justice. The number of justices reached eight before Congress, after Johnson had left office, adopted new legislation (1869) setting the number at nine, where it has remained ever since. In the 1930s President Franklin D. Roosevelt asked Congress to consider legislation that would have allowed the president to appoint an additional justice for each member of the court aged 70 years or older who refused to retire. Some Democrats and a few liberal Republicans in Congress supported the proposal, but a strong coalition of Republicans and conservative Democrats, backed by much public support, fought the so-called court-packing plan.

Gutzon Borglum. Presidents. Sculpture. National park. George Washington. Thomas Jefferson. Theodore Roosevelt. Abraham Lincoln. Mount Rushmore National Memorial, South Dakota.
Britannica Quiz
U.S. History Highlights: Part One

According to the Constitution, appointments to the Supreme Court and to the lower federal courts are made by the president with the advice and consent of the Senate, though presidents have rarely consulted the Senate before making a nomination. The Senate Judiciary Committee ordinarily conducts hearings on nominations to the Supreme Court, and a simple majority of the full Senate is required for confirmation. When the position of chief justice is vacant, the president may appoint a chief justice from outside the court or elevate an associate justice to the position. In either case a simple majority of the Senate must approve the appointment. Members of the Supreme Court are appointed for life terms, though they may be expelled if they are impeached by the House of Representatives and convicted in the Senate. Only one justice has been impeached, Samuel Chase, who was acquitted in 1805. In 1969 Abe Fortas resigned under threat of impeachment for alleged financial improprieties unrelated to his duties on the court.

The federal judicial system originally comprised only trial courts of original jurisdiction and the Supreme Court. As the country grew in size, and in the absence of intermediate appellate courts, the volume of cases awaiting review increased, and fidelity to Supreme Court precedents varied significantly among the lower courts. To remedy this problem, Congress passed the Circuit Court of Appeals Act (1891), which established nine intermediate courts with final authority over appeals from federal district courts, except when the case in question was of exceptional public importance. The Judiciary Act of 1925 (popularly known as the Judges’ Bill), which was sponsored by the court itself, carried the reforms farther, greatly limiting obligatory jurisdiction (which required the Supreme Court to review a case) and expanding the classes of cases that the court could accept at its own discretion through the issue of a writ of certiorari. Further changes were enacted in 1988, when Congress passed legislation that required the Supreme Court to hear appeals of cases involving legislative reapportionment and federal civil rights and antitrust laws. Currently, there are 12 geographic judicial circuits and a court of appeals for the federal circuit, located in Washington, D.C. Roughly 98 percent of federal cases end with a decision by one of the lower appellate courts.

Are you a student?
Get a special academic rate on Britannica Premium.