Barrett has failed to dispel the fumes of partisanship and illegitimacy that poisoned her confirmation.
. Yet over the course of the most fractious term in modern history, she rarely bothered to explain herself. While Donald Trump’s other two justices spilled much ink defending their positions, Barrett remained reticent. By the end of the term, she had become an enigmatic figure whose jurisprudence grew more cryptic and confusing with each decision. Even as her court grew more aggressive, she seemed to recede from view.
Part of the problem is that, of all the current justices, Barrett had the least amount of preparation and training for the unique requirements of the job. She spent most of her career as a professor at Notre Dame Law School, where her students chose her as distinguished professor of the year. Her academic work was often dry and technical, verging on esoteric, and she avoided committing herself to any controversial ideas.
then served as Barack Obama’s solicitor general. She also spent nearly six years as dean of Harvard Law School, presiding over a snake pit of clashing egos—a perfect training program for the Supreme Court.Justices are politicians, whether they like it or not. They wield an immense amount of power, guaranteeing intense scrutiny of their words and actions. And because the court’s authority rests on public perceptions of its legitimacy, that scrutiny matters a great deal.
questions at her hearings, proffering opaque platitudes to avoid derailing her confirmation. This behavior foreshadowed her style of judging: provide as few answers as possible to preserve maximal latitude.Since then, Barrett has done little to dispel the fumes of partisanship and illegitimacy that poisoned her appointment. Her attempts at public relations have backfired. She inked
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