How it happened: From law professor to high court in 4 years
Barrett's fast-track rise, set to drive the nation's highest court to the right for a generation or longer, is the fulfillment of a decadeslong effort by conservatives to remake the federal bench that kicked into high gear after President
Even before Ruth Bader Ginsburg’s death, Trump was campaigning for reelection in 2020 on his record of confirming more than 200 federal judges during his first term, fulfilling a generational aim of conservative legal activists.
“Today’s nomination is the capstone of a more than four-year process where the president seized upon the issue, stayed focused, and called attention to a small bench of very talented people who he could put on the
The following account is based on information from five people familiar with the process and the president's thinking who were not authorized to speak publicly about the details.
Within weeks of Trump's victory in 2016, incoming
Barrett, then a law professor at Notre Dame, was not well known in political circles in
Barrett faced a bruising nomination battle for the appellate seat in 2017 that caught the attention of Trump, who was impressed with her ability to keep her cool under critical questioning by Democratic senators, including a grilling by Sen.
“I think in your case, professor, when you read your speeches, the conclusion one draws is that the dogma lives loudly within you," Feinstein said. "And that’s of concern when you come to big issues that large numbers of people have fought for, for years in this country.”
Barrett's was the only confirmation hearing for an appellate judge that McGahn sat through in person on
Months later, in the fall of 2017, Trump set about updating his list of potential nominees to the
The following year, after Justice
But some conservatives were concerned about her sparse record, worried she'd end up like other potentially conservative justices who veered in a more moderate direction, a trap they fell into with Justice
Meanwhile, Barrett was making a name for herself on the 7th Circuit on conservative hot-button issues. She twice wanted decisions to be thrown out and reheard by the full appeals court that had blocked laws enacted by abortion-rights opponents. Oftentimes, the full panel comes to a different conclusion.
Last year, after a three-judge panel blocked an
In a dissent in the 2019 gun-rights case of Kanter v. Barr, Barrett argued that a conviction for a nonviolent felony — in this case, mail fraud — shouldn’t automatically disqualify someone from owning a gun.
Barrett wrote a unanimous three-judge panel decision in 2019 making it easier for men alleged to have committed sexual assaults on campus to challenge the proceedings against them.
This summer, when Trump announced he wanted to update the
Barrett, in some ways, was the standard by which Trump judged other women for the list, including
After Ginsburg's death, Trump quickly turned his focus to Barrett and never truly looked elsewhere.
Conservative outside groups, aware of Trump's interest in Barrett from the Kennedy replacement, were already on board, offering public statements of support even before Trump had made a final determination.
In the end, Barrett was the only candidate Trump interviewed in person for Ginsburg's seat. And on Saturday evening, he formally announced his choice at a
“Today it is my honor to nominate one of our nation's most brilliant and gifted legal minds to the
Barrett, for her part, thanked the president as she introduced herself to the country. “I am truly humbled by the prospect of serving on the
This story has been corrected to show that Barrett's 2017 confirmation was not along party lines. It was 55-43, with three
On guns, abortion, high court could become more conservative
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