What the law requires

On September 9^th, Supreme Court Justice Amy Coney Barrett's Listening to the Law will be published. Her decisions on the Court have annoyed both liberals and MAGA types, but not, I think, those who understand what judges are supposed to do. "Swearing to apply the law faithfully means deciding each case based on my best judgment about what the law is, not what it should be." This is excerpted from an excerpt from the coming book:

...[I]n our system, a judge must abide by the rules set by the American people, both in the Constitution and legislation. Thus, the most important question for a nominee is whether she will honor her commitment to do so. Though the confirmation process sometimes suggests otherwise, it shouldn’t matter what the nominee thinks about the death penalty, abortion, affirmative action, or any other politically charged topic. What matters is whether she will respect the people’s resolution of such issues.

The judicial oath demands no less. The Constitution requires that all federal and state officials, including judges, “be bound by Oath or Affirmation, to support this Constitution.” To enforce this requirement, Congress mandates that all federal officials swear to “bear true faith and allegiance” to the Constitution and to “well and faithfully discharge the duties of the office.”

Federal judges take an additional oath, swearing to “administer justice without respect to persons” and to “faithfully and impartially discharge” their duties under the Constitution. Each of these oaths is a promise to leave personal preferences and biases at the courthouse door. The guiding principle in every case is what the law requires, not what aligns with the judge’s own concept of justice. .... (more)

Amy Coney Barrett, Listening to the Law, The Free Press, Sept. 3, 2025.