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Tipsheet

ACB Sets the Record Straight on the Supreme Court's Judicial Independence, Dobbs Decision

ACB Sets the Record Straight on the Supreme Court's Judicial Independence, Dobbs Decision
Erin Schaff/The New York Times via AP, Pool

Supreme Court Justice Amy Coney Barrett rejected the notion that the high court is partisan in nature, insisting during an interview with Fox News’ Bret Baier that those who sit on the bench are not swayed by politics.

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"You know, we don't wear red and blue, we all wear black because judges are nonpartisan,” she said. “And the idea is that we are all listening to the law. We're all trying to get it right. We're not playing for a team.”

As mainstream media outlets paint the court’s actions as supportive or protective of President Trump’s agenda, Barrett said that couldn’t be further from the truth.

"We're not deciding cases just for today, and we're not deciding cases based on the president," Barrett said. "As the current occupant of the office, we're deciding cases about the presidency. So, we're taking each case, and we're looking at the question of presidential power as it comes. And the cases that we decide today are going to matter. Four presidencies from now, six presidencies from now, and so on. Each of these cases that we're getting, you know, well, I mean, some of them overlap, but many present different constitutional issues.”

In a separate interview, Barrett, who is currently promoting her new book "Listening to the Law," also spoke about the Dobbs decision.

"Dobbs did not render abortion illegal," the justice explained. "Dobbs did not say anything about whether abortion is immoral. Dobbs said that these are questions that are left to the states. And all of these kinds of questions – decisions that you mention that require medical judgments – are not ones that our Constitution connects to the courts, you know, to decide how far into pregnancy the right of abortion might extend. You know, the court was in the business of drawing a lot of those lines before, and what Dobbs says is that those calls are properly left to the democratic process. And the states have been working those out. There's been a lot of legislative activity and a lot of state constitutional activity since the decision in Dobbs was rendered."

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