Potential Trump Supreme Court pick Barrett: Catholic Chicago judge stirs abortion debate
That lack of judicial experience means former University of Notre Dame law professor
Barrett's opponents have interpreted her scholarly articles and Catholic faith as suggesting she is a religious extremist who could be willing to overturn precedent and end legal abortion. Critics have focused in part on her affiliation with People of Praise, a charismatic faith group that has been portrayed as oppressive and misogynistic -- a charge the group rejects.
Supporters and former colleagues, however, describe an exacting legal thinker committed to separating her faith from her interpretation of the
On Thursday, national news organizations reported that Trump was focused on Barrett and fellow federal appeals Judges
Trump promised during the campaign to upend Roe v. Wade, the landmark 1973
For her part, Barrett's public statements have not clearly indicated that she thinks Roe can or should be overturned.
"I think it is very unlikely at this point that the court is going to overturn Roe, or Roe as curbed by (
Former Notre Dame professor among Trump's finalists for
Barrett enjoys the widespread and often passionate support of colleagues stretching back to her days as a clerk for the late
Fellow clerks nicknamed Barrett "The Conenator" -- a play on her maiden name and reputation for destroying flimsy legal arguments.
"She was very, very smart. Not at all ideological," said
Those who favor abortion rights are not comforted by assurances that Barrett can keep a firewall between her faith and her legal decisions.
"I hope the American people realize the stakes," Goldberg said. "The burden is on her to convince millions of women that their rights will be protected if she's confirmed by the
Barrett did not respond to a request for comment Thursday.
At 46, Barrett is the youngest of the three leading contenders for the nomination. If selected and confirmed, she would become one of several high court justices with little or no prior experience as a judge, including
Barrett became a minor star among conservatives last fall after her Catholic faith took center stage during her confirmation hearing to the
"The dogma lives loudly within you," Feinstein told Barrett, "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 supporters were incensed, and the comment became the subject of T-shirts and coffee mugs bearing her face. Conservatives accused the senator and other
Along with Feinstein, Sen.
"My questions were confined to issues she raised personally in her writings and speeches which could directly impact the discharge of her duties," Durbin wrote. "It was the nominee who raised the issue."
During her confirmation hearing, Barrett repeatedly said her faith would not intrude on her legal reasoning.
"I see no conflict between having a sincerely held faith and duties as a judge," she testified. "I would never impose my own personal convictions upon the law."
Barrett declined to discuss her personal views on abortion, same-sex marriage and other hot-button topics, but she was questioned on her scholarly writings. Those include a 2013 law review article in which she wrote that the stare decisis doctrine -- which holds that past rulings govern future decisions -- is "not a hard-and-fast rule in the court's constitutional cases ..."
"I tend to agree with those who say that a justice's duty is to the
The
Barrett emphasized she was not the lead author -- that was one of her professors,
The full
During the confirmation battle, 49
One of them, professor
Carozza said he would expect a person's background and beliefs to inform his or her legal thinking. But Barrett does not present herself as an ideologue, he said, and her thinking on legal issues is complicated.
"I can't think of a single instance in a faculty debate or conversation or classroom context or lecture where I've gotten the sense that Amy is reacting to something on a fundamentally ideological level," said Carozza, whose scholarly work has centered on human rights. "I just think that's not her."
Still, groups that favor abortion rights have cast her potential nomination as a danger to the Roe precedent. On Monday,
The same day, Senate Minority Leader
"If chosen as the nominee, she will be the deciding vote to overturn Roe v. Wade and to strike down pre-existing conditions protections in the (Affordable Care Act)," Schumer tweeted.
States have passed myriad laws that regulate abortions, ranging from waiting periods and mandatory ultrasounds to the temporarily halted
Whatever happens to Roe, she said, abortions will keep happening. The question is whether they will be legal, Sanger said.
Opponents also have brought up Barrett's ties to People of Praise, a group that calls on its mostly Catholic congregants to join Protestants in worship and works of service outside the church. According to online archives, Barrett and husband
Criticism of the group as oppressive and misogynistic was promulgated by disaffected former member
Former Obama White House Special Counsel
Group members called that characterization grossly unfair.
"We're nothing like that. We are big on personal freedom. Obey your conscience. The only person you can control is yourself," said
The group assigns mentors to new members, and in the 1970s adopted the term "handmaids" for female mentors, drawing from Biblical language. Last year, the group scrapped that term and began using "woman leader," Lent said. Lent noted that the charismatic renewal movement was recognized by
The commitment members make to each other "is a covenant, which means 'I'm with you' -- not an oath, not a vow. We eschew those terms," said Lent, who added there is no negative consequence for those who leave the group to pursue other paths.
With about 20 branches stretching from
"We don't have public policy positions," said Lent, who declined to discuss Barrett. "Individual members take whatever view they want."
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