Barrett Defends Overturning Roe in Upcoming Book
U.S. Supreme Court Justice Amy Coney Barrett has defended the court’s 2022 decision to overturn Roe v. Wade in her first book, Listening to the Law. The book, set for release Tuesday, explores how the court functions, its history, and Barrett’s legal philosophy. She argues the ruling in Dobbs v. Jackson Women’s Health Organization was based on law, not belief, rejecting accusations her Catholic faith influenced her decision.
Arguments Rooted in Legal Tradition
Barrett writes that abortion rights lack deep roots in American legal tradition. She contends historical evidence shows abortion was long restricted and never recognized as a fundamental liberty. In the 6-3 ruling, the court upheld Mississippi’s 15-week abortion ban, and by a 5-4 margin, overturned Roe. Barrett sided with the majority on both points, insisting her role requires applying the law as written, not her personal policy views.
Backlash and Accusations
The Dobbs decision ignited fierce backlash. Pro-choice advocates accused Barrett of letting her faith guide her judgment. Some activists even threatened her safety. In response, Barrett stresses in her book that her oath demands legal fidelity, not moral alignment. She rejects the notion that judges should legislate from the bench, warning it would “cheat” the law.
A Complex Record
Despite handing conservatives a landmark abortion victory, Barrett has frustrated some on the right. She has supported rulings that conservatives viewed as dismissive of religious freedom, COVID-19 challenges, and gender ideology cases. During a CBS interview promoting her book, she distanced herself from predictions that the court would overturn same-sex marriage. Barrett affirmed rights related to marriage, intimacy, and contraception as fundamental.
Post-Roe Battles Continue
Since Roe’s fall, 12 states have banned most abortions. Meanwhile, abortion-rights groups have turned to ballot initiatives, legal protections for interstate abortion travel, and expanding access to abortion pills. Until 2024, these initiatives consistently favored abortion-rights advocates, prompting concern among pro-lifers. However, in November 2024, pro-lifers won key victories in Florida, Nebraska, and South Dakota, though abortion-rights amendments prevailed in other states.
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Amy Coney Barrett says abortion not historically ‘fundamental to liberty’ in new book
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