Exceptional jurists like the late Supreme Court Justice Antonin Scalia know judges need to be humble and allow the Constitution and the law, not personal feelings or political pressure, dictate their rulings.
That is why we at the Club for Growth, along with other economic conservatives, are proud to support President Trump's nominee to the Supreme Court Judge Amy Coney Barrett, who follows in the footsteps of her former boss Justice Scalia.
Judge Barrett is both a remarkable woman and a brilliant jurist; President Trump could not have picked a more qualified nominee.
All of the law clerks who served with Judge Barrett at the Supreme Court have said, "Professor Barrett is a woman of remarkable intellect and character. She is smart, honorable, and fair-minded."
Additionally, 450 of her former students at Notre Dame Law School wrote, "Professor Barrett has shaped countless students both inside and outside of the classroom. Her teaching is remarkable, engaging, challenging, and unbiased. Her students universally recognize her brilliance as a legal thinker."
These statements aren't partisan talking points. They come from Republicans and Democrats who have worked directly with Judge Barrett and know her true character.
Judge Barrett is fully qualified to serve on the Supreme Court and will be a reasoned defender of the Constitution who interprets the law as it is, not as she may want to see it. We have every confidence Judge Barrett will uphold the Constitution, thereby promoting pro-growth outcomes by removing the government from where it doesn't belong.
Judge Barrett has shown a strong commitment to originalism and goes wherever the law may lead her, even if it results in unpopular outcomes. In her legal writing, she consistently argues for the value of judicial restraint and understands a judge’s role is not to legislate from the bench. She sees her job as calling balls and strikes, not imposing her policy wishes on the American people.
She has shown an acute awareness of the negative consequences of government regulation. In 2017, she wrote, "Nearly every government regulation comes at some price to individual liberty. Determining whether a government regulation truly serves the public interest, therefore, requires determining whether the price is worth paying."
Judge Barrett has shown an acute awareness of the negative consequences of government regulation.
Clearly, Judge Barrett is grappling with the thorny issue of when to roll back government regulation. She correctly places the Constitution itself above regulations, above acts of Congress, and above past Court decisions.
Barrett argues large chunks of the administrative state may need review to make sure they follow the Constitution. But she states that Courts need to be pragmatic about when they review decisions.
Her judicial views are grounded deeply in the Constitution as opposed to the overreaching Beltway bureaucracy. Barrett’s principles guide her when she is evaluating difficult legal questions.
Sometimes supposed originalists stop ruling that way once they reach the bench, as the political peer pressure becomes too much, but that isn’t true for Judge Barrett. Even though she has only been on the Seventh Circuit Court of Appeals since 2017, she has already formed a robust jurisprudence proving her commitment to fairness and originalism.
In Orchard Hill Building Co. v. United States Army Corps of Engineers, Judge Barrett joined with the majority in ruling that the U.S. Army Corps of Engineers had acted too broadly in claiming the Warmke wetlands were "waters of the United States," even though they were over ten miles away from the nearest navigable river.
In cases like these, judges often give the government too much leeway. Fortunately, Judge Barrett and her colleagues remanded the case, in essence telling the Army Corps they need a better justification for designating the Warmke wetlands as "waters of the United States."
We are thankful President Trump has chosen such a strong nominee. It is impossible to deny Barrett’s qualifications and character objectively, but already her opponents are trying to demonize her religious faith and her adherence to the Constitution and free-market policies.
Barrett's record shows dedication to following originalist principles and going where the law leads her. Her legal writing shows a healthy dose of humility and a strong commitment to the Constitution and economic freedom.
David McIntosh is the president of Club for Growth the nation’s leading group promoting economic freedom through legislative involvement, issue advocacy, research, and education. He led regulatory relief efforts during the first Bush administration. He is also a former Congressman from Indiana.