A Conversation with Justice Amy Coney Barrett on ‘Listening to the Law’

·1 hr·5 clips

Justice Barrett keeps a photo of her great-grandmother's tiny house, where 13 children lived, to remind herself to stretch beyond reasonable capacity.

Jeffrey Rosen hosts Justice Amy Coney Barrett at the National Constitution Center on Constitution Day. Barrett begins by discussing her family background, including a story about her great-grandmother's small house in New Orleans that inspired her. She recounts her father's advice to control emotions and her path from considering English literature to law school at Notre Dame. Barrett describes her formative clerkships with Judge Laurence Silberman and Justice Antonin Scalia, highlighting Scalia's influence on originalism. She explains why she favors original public meaning over original intent, using examples like Snapchat and the First Amendment. Barrett addresses the Hamilton-Jefferson debate on constitutional interpretation, noting how liquidation of meaning over time can settle disputes. She discusses her opinions in Bruen and Rahimi cases, cautioning against overreliance on post-ratification history. Barrett outlines the court's approach to unenumerated rights under the due process clause, referencing Washington v. Glucksburg. She clarifies that she is an originalist because the text is law, not due to judicial restraint theories. Barrett shares her judicial practices, such as writing first drafts longhand and avoiding adverbs. She explains her method of substituting opposite policies in cases to ensure neutrality. The conversation turns to the emergency docket, where Barrett prefers that term over 'shadow docket' and discusses trade-offs between transparency and flexibility. She responds to Justice Ketanji Brown Jackson's criticism of the emergency docket, emphasizing collegiality. Barrett stresses the importance of civility and humility in constitutional discourse, citing John Marshall's anecdote about carrying a neighbor's basket. She encourages studying constitutional history to build confidence in overcoming polarization.

As heard by us

A serious constitutional conversation that leans on precision rather than drama.

Justice Amy Coney Barrett sits down with Jeffrey Rosen on Constitution Day for a measured tour of Listening to the Law, with the discussion built around how constitutional meaning comes from text, history, and tradition.

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Want a Constitution Day conversation with Justice Barrett about originalism and the law?

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