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How Judge Barrett's Legal Philosophy Could Influence Decision Making On Supreme Court

The White House announced Friday that Supreme Court nominee Judge Amy Coney Barrett  has tested negative for COVID-19.  Senate Majority Leader Mitch McConnell says he plans to move forward with her confirmation process.

National attention has been brought to Barrett’s conservative views and how they might influence her decision making on the Supreme Court.

Beth Cate is a clinical associate professor at the O'Neill School of Public and Environmental Affairs and an attorney.

She says Barrett is an originalist and textualist, a legal philosophy that believes the U.S. Constitution should be interpreted as it was understood in the time when it was written­.

"But, justices are not trained historians," she says. "So, you can also see great amounts of debate over what the historical record even is. And so, people make choices in that.’  

Cate says in the past, Barrett has stated she thinks personal beliefs should not influence legal decisions, and her decisions have followed Supreme Court precedent. 

But, once she’s a confirmed justice on the Supreme Court, she would have more flexibility to revisit precedents she thought were wrongly decided based on her legal philosophy.

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Bente Bouthier is a reporter and show producer with WFIU and WTIU News. She graduated from Indiana University in 2019, where she studied journalism, public affairs, and French.