They won’t like the way she interprets the law, but she is certainly qualified to serve as a Supreme Court justice.
Noah Feldman of Harvard Law School says Barrett “deserves to be on the Supreme Court” despite the fact that he disagrees with her on “almost everything.” Here is a taste of Feldman’s recent column at Bloomsberg:
I disagree with much of her judicial philosophy and expect to disagree with many, maybe even most of her future votes and opinions. Yet despite this disagreement, I know her to be a brilliant and conscientious lawyer who will analyze and decide cases in good faith, applying the jurisprudential principles to which she is committed. Those are the basic criteria for being a good justice. Barrett meets and exceeds them.
I got to know Barrett more than 20 years ago when we clerked at the Supreme Court during the 1998-99 term. Of the thirty-some clerks that year, all of whom had graduated at the top of their law school classes and done prestigious appellate clerkships before coming to work at the court, Barrett stood out. Measured subjectively and unscientifically by pure legal acumen, she was one of the two strongest lawyers. The other was Jenny Martinez, now dean of the Stanford Law School.
Here is O. Carter Snead, a law professor at the University of Notre Dame, in a piece at The Washington Post:
Even more reassuring to Barrett skeptics should be her remarkable humility. There are plenty of smart people in elite academia and on the federal bench, but few with Barrett’s generosity of spirit. She genuinely seeks to understand others’ arguments and does not regard them as mere obstacles to be overcome on the way to reaching a preferred conclusion. Time and again, I have seen her gently reframe a colleague’s arguments to make them stronger, even when she disagreed with them. And she is not afraid to change her own mind in the search for the truth, as I have seen in several of our faculty seminars. Such open-mindedness is exactly what we want of our judges — and what we can expect Barrett to bring to the Supreme Court, because that is who she has always been.
There is no need to fear Barrett’s faith. To the contrary, her commitment to treating others with respect grows directly out of her religious convictions. But Barrett’s love of neighbor goes beyond merely treating others with dignity. In all the time I have known her, I have never once seen Barrett place her needs above those of others.
A few years ago, a blind student matriculated as a first-year law student at Notre Dame. Upon arrival, she encountered delays in getting the technological support she needed to carry out her studies. After only a few days in Barrett’s class, the student asked her for advice. Barrett’s response was “This is no longer your problem. It is my problem.” Barrett followed up with university administration herself, got the student what she needed, and then mentored her for three years. That student just completed her service as the first blind female Supreme Court clerk in U.S. history.
Read the entire piece here.