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Supreme Court Justice Amy Coney Barrett describes her efforts to reconcile personal beliefs with her responsibilities in the excerpt from her forthcoming book Listening to the Law: Reflection on the Court and the Constitution.
Barrett, appointed by the president Donald Trump In October 2020, in order to succeed the late Justice Ruth Bader Ginsburg, she recalled the internal struggles she faced in one of her first cases in court.
Shortly after the appointment, Barrett and her colleagues believed dzhokhar Tsarnaev was convicted in the 2013 Boston Marathon bombing. The U.S. Court of Appeal has revoked Shatnaev’s verdict, but the Justice Department believes that the decision is a mistake.
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Deputy Judge Amy Coney Barrett presented in a panel photo of the Supreme Court of Washington on April 23, 2021. (Erin Schaff/Pool by Reuters)
“For me, death penalty cases drive a collision between law and my personal beliefs back home. Long before I served as a judge (even a member of the Bar Association), I wrote an academic article with someone expressing moral objections to the death penalty.” She recalled. “Since prisoners sentenced to death almost always challenge their sentences on appeal, the tension between my faith and the law is not something I could avoid as a young law clerk and now is a judge, let alone.”
Although she personally opposed the death penalty, Barrett supported the government and ruled to restore Tsarnaev’s death penalty.
She noted that this was not the only option she could have. Given her perception of the death penalty, she could have “seeked a legally inclined approach to support the defendant facing the death penalty.” No one would know if she did this because she felt Saudi Naev had a stronger argument or because she allowed her morality to spread into her decisions.
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“But it will be a loss of responsibility. constitution “I didn’t share my opinion on the death penalty, nor did all my fellow countrymen today,” she wrote.
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Barrett argued that if she distorted the law to confirm her position on the death penalty, she would interfere with the autonomy of voters and that her post had no right to align her with her moral or policy perspective.
“I find voting offensive and I want our system to be different. But, I have no doubt that voting is the right thing I want to do,” she asserted. “If I conclude that such a voting is immoral, or that I can’t judge the case fairly, then the right thing to do is withdraw, not cheat.”
The Supreme Court judge held that the court’s ruling did not affirm the enforcement of Shatnaev’s morality, but insisted that there were no legal barriers to imposing the death penalty on convicted terrorists.
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Barrett ended with the letter, the judge was the referee, not the king, because “they decided whether people played by the rules rather than what the rules should be.”
