· policy

Amy Coney Barrett on Abortion

Pro-life adherent (strong)

TL;DR

Amy Coney Barrett holds a long-standing personal opposition to abortion, viewing Roe v. Wade as an erroneous decision.

Key Points

  • She co-authored a 1998 law review article suggesting that abortion is "always immoral."

  • As an appeals court judge, she voted in favor of allowing an Indiana law requiring burial or cremation of fetal remains to be reinstated in 2018.

  • She was one of the five justices who voted to overturn Roe v. Wade in the Dobbs decision in June 2022.

Summary

Amy Coney Barrett has a documented history of opposing abortion rights, including describing Roe v. Wade as an erroneous decision in a 2003 article, where she cited it as an example of a precedent that relied on questionable premises. As a law professor, she was a member of Notre Dame University's anti-abortion Faculty for Life and signed open letters criticizing birth control benefits, with one referring to common methods as "abortion-drugs." Her opposition was evident in her prior judicial votes, such as when she dissented from a ruling that struck down an Indiana law prohibiting abortions based on the reason for seeking one, and she would have allowed a parental notification law to take effect.

As a Supreme Court Justice, Barrett voted with the majority to overturn Roe v. Wade in the Dobbs decision, which eliminated the constitutional right to abortion and returned regulatory authority to the states. Following the Dobbs ruling, she stated that questions about subsequent issues, like medication for miscarriage management, are now left to the democratic process at the state level. In her memoir, the Justice defended the Dobbs decision by asserting the Court's role is to respect the choices the people have agreed upon, rather than dictating policy, implying the original Roe decision usurped the will of the people.

Key Quotes

[T]he court's role is to respect the choices that the people have agreed upon, not to tell them what they should agree to

It is never appropriate for a judge to impose that judge's personal convictions, whether they arise from faith or anywhere else, on the law

Frequently Asked Questions

Amy Coney Barrett has a strong record of personal opposition to abortion, stemming from her legal scholarship and public statements prior to joining the Supreme Court. As a Justice, she voted to overturn the constitutional right to abortion established by Roe v. Wade.

Prior to her Supreme Court confirmation, Amy Coney Barrett suggested in a 2003 article that Roe v. Wade was an erroneous decision that should not be insulated from reconsideration based on reliance interests. Her record as a circuit judge also included votes supporting Indiana abortion restrictions.

Yes, in her memoir, Amy Coney Barrett defended the Dobbs ruling, which overturned Roe v. Wade, by stating that the Court's role is to respect choices agreed upon by the people. She implied the initial Roe decision usurped the will of the American people.