VIEW VIEWPOINT

Barrett and Scalia

Written by Kerby Anderson October 9 - 2020
Penna Dexternever miss viewpoints
President Trump promised to nominate Supreme Court justices with judicial philosophies like that of Justice Antonin Scalia. He has kept that promise, perhaps no more faithfully than in his nomination of Amy Coney Barrett. After graduating first in her class from Notre Dame Law School, Judge Barrett held two clerkships, the second of which was for Justice Scalia. She was greatly influenced by him. And Justice Scalia would certainly be pleased by her nomination. He wanted the Court to move away from its activist role, to interpret the law, not make it. He described his hopes for a shift in a 2012 book he wrote with Bryan Garner, Reading Law: The Interpretation of Legal Texts: Our legal system” they wrote, “must regain a mooring it has lost: a generally agreed-on approach to the interpretation of legal texts…we must look for meaning in the governing text (the Constitution or a law passed by an elected legislature), ascribe to that text the meaning that it has borne from its inception, and reject judicial speculation…The descent into social rancor over judicial decisions is largely traceable to nontextual means of interpretation, which erode society’s confidence in a rule of law that evidently has no agreed-on meaning.” Judge Barrett, like Justice Scalia, rejects the view that has often characterized the courts in recent decades, that the Constitution is a living document that they can and should reinterpret in light of the times. That view took prayer and Bible-reading out of schools. It brought us the Roe v. Wade decision on abortion. It has dismantled many of our freedoms and opened the definition of marriage to include same sex-couples. Only last year, in the Bostock decision, the Court included gender identity in the definition of sex for employment decisions. Of Justice Scalia, Judge Barrett said, “his judicial philosophy is mine too.” When she becomes Justice Barrett, we still won’t like every decision. But the shift will be a gamechanger.penna's vp small

Listen to this Viewpoint

Viewpoints

View All
1780970146 6a2772a202059
June 9, 2026
Kerby Anderson

High and Low

If you look at the American economy, you see a high and a low. The stock market is at a record high, while consumer sentiment is at the lowest ever measured.

Listen
Book cover faith affirming findings
June 8, 2026
Kerby Anderson

Faith-Affirming Findings

Biblical archaeology seems to be going through a “golden age of apologetics.” One illustration is the fact that over the last two months I have had the privilege of interviewing three authors on their...

Listen
1780883379 6a261fb3cd354
June 5, 2026
Kerby Anderson

Historical Ignorance

Years ago, a doctor wrote an article entitled, “What’s Keeping David McCullough from Sleeping?” This noted historian and award-winning author had trouble sleeping because he was worrying about what wa...

Listen

Take Action

View All
Support the Safeguarding Women from Chemical Abortion Act
April 15, 2026

Support the Safeguarding Women from Chemical Abortion Act

The abortion pill harms women and kills unborn children. Congress must act.

Support the SAVE Act
April 2, 2026

Support the SAVE Act

SAVE Election Integrity with Voter ID.

FACE Act Repeal Act of 2025
January 12, 2026

FACE Act Repeal Act of 2025

Pro-lifers have been abused under the FACE Act for long enough.

Contact Congress About the Prevent Government Shutdowns Act of 2025
October 15, 2025

Contact Congress About the Prevent Government Shutdowns Act of 2025

Congress needs to get the job done, not run away from work.