During her confirmation hearings in the Senate, Supreme Court Justice Amy Coney Barrett famously said she doesn’t follow her own laws. Barrett solidified the Court’s conservative majority four years ago and has since supported overturning nationwide abortion rights, ending affirmative action in college admissions, and expanding gun ownership rights.
However, in the latest term marked by significant setbacks for federal regulations and victories for former President Donald Trump, Barrett occasionally showed a willingness to diverge from the conservative majority.
She authored strong disagreements in a case related to the January 6, 2021, Capitol attack and another concerning regulations on air pollution affecting downwind areas.
Appointed by Trump, she disagreed on certain aspects of his immunity from prosecution ruling and criticized parts of the majority decision that allowed him to remain on the ballot.
Amy Coney Barrett speaks at the Ronald Reagan Presidential Library Foundation (Via Alex Finch/Getty Images)
“While firmly aligned with the conservative bloc, she doesn’t always follow the same path as the rest of the conservative justices. There are these surprising moments where she shows independence,” explained Melissa Murray, a law professor at New York University.
In the case involving Trump’s immunity, Barrett sided with the majority but objected to the ruling that limited the evidence prosecutors can use in criminal cases against presidents.
“The Constitution does not demand shielding juries from the circumstances surrounding actions for which Presidents can be held accountable,” she wrote.
