Amy Coney Barrett Speaks

 As Thomas Paine put it, “[I]n America the law is king.” We judges don’t dispense justice solely as we see it; instead, we’re constrained by law adopted through the democratic process. We exercise authority that the people have given us and resolve disputes according to the ground rules that the people have prescribed. It’s a unique role created and defined by the Constitution.

The nomination and confirmation of federal judges, including Supreme Court justices, should be seen through this lens. If a judge functions like Solomon, everything turns on the set of beliefs that she brings to the bench. Does she believe that the death penalty is unjust? That abortion is immoral? That affirmative action is a social good? If a judge resolves disputes according to her own sense of right and wrong, then those choosing the judge better be sure that they like her beliefs.

But in our system, a judge must abide by the rules set by the American people, both in the Constitution and legislation. Thus, the most important question for a nominee is whether she will honor her commitment to do so. Though the confirmation process sometimes suggests otherwise, it shouldn’t matter what the nominee thinks about the death penalty, abortion, affirmative action, or any other politically charged topic. What matters is whether she will respect the people’s resolution of such issues.