Uncommon Knowledge

Listening to the Law: How Supreme Court Justice Amy Coney Barrett Does Her Job | Peter Robinson | Hoover Institution

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Nov 5, 2025
Justice Amy Coney Barrett, a pivotal figure on the Supreme Court, shares insights from her book, Listening to the Law. She discusses the principles of originalism and its evolution, explaining how it guides the Court’s decisions, including the reasoning behind Dobbs v. Jackson. Barrett highlights the importance of stare decisis, consensus-building among justices, and her experiences clerking for Justice Scalia. Balancing her career with raising seven children, she emphasizes civic education and understanding the constitutional process as essential to democracy.
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INSIGHT

Why Dobbs Overturned Roe And Casey

  • Roe and Casey were seen by many scholars as poorly reasoned and did not settle the national debate as Casey hoped.
  • Barrett says egregious legal error and continued division justified overruling in Dobbs.
ADVICE

Assess Reliance Narrowly For Precedent

  • Barrett narrows reliance interests for stare decisis to specific, legally cognizable harms like property and contracts.
  • She argues broad societal reliance can't alone block overruling of egregiously wrong precedents.
ANECDOTE

Family Reading Dobbs Literally

  • Barrett recounts her brother printing and reading all Dobbs opinions during a family vacation to understand the legal reasoning.
  • His non-lawyer reaction matched public confusion between result-focused commentary and legal reasoning.
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