Judge Amy Coney Barrett will tell senators on Monday that she will be resolute and fearless when confirmed for the Supreme Court while noting that no one will ever take late Justice Ruth Bader Ginsburg’s place.
“The policy decisions and value judgments of government must be made by the political branches elected by and accountable to the People,” Barrett plans to say, according to a copy of her opening remarks for her confirmation hearing released Sunday. The public should not expect courts to do so, and courts should not try.”
Justice Barrett is looking to tell the hearing of the “humility about the responsibility I have been asked to undertake,” as well as praising her judicial forebears, which include Ginsburg, who died last month.
“I have been nominated to fill Justice Ginsburg’s seat, but no one will ever take her place,” Ms. Barrett says in the statement. “I will be forever grateful for the path she marked and the life she led.”
Barrett says she has resolved to maintain the same perspective as her mentor, the late Justice Antonin Scalia.
“Justice Scalia taught me more than just law,” she writes in the statement. “He was devoted to his family, resolute in his beliefs, and fearless of criticism. And as I embarked on my own legal career, I resolved to maintain that same perspective.”
Her family will feature heavily in her remarks, with her insisting that her husband and seven children help her keep in touch with what is most important.
“There is a tendency in our profession to treat the practice of law as all-consuming while losing sight of everything else. But that makes for a shallow and unfulfilling life,” she says in the statement.
“I worked hard as a lawyer and a professor; I owed that to my clients, my students, and myself. But I never let the law define my identity or crowd out the rest of my life.”
Even while making a judicial opinion, she will “ask me how would I view the decision if one of my children was the party I was ruling against,” she hope to say.
” Even though I would not like the result, would I understand that the decision was fairly reasoned and grounded in the law? That is the standard I set for myself in every case, and it is the standard I will follow as long as I am a judge on any court,” she says in the remarks.
The installation process is taking place less than a month after the death of Justice Ginsburg which gave Trump the chance to replace the liberal justice and entrench a conservative majority on the nine-member court. Barrett would be Trump’s third Supreme Court justice.
Republicans who are in control of the Senate are working very fast to confirm the 48-year-old judge on the Supreme Court before the Nov. 3 election.