During the confirmation hearings for Judge Amy Coney Barrett’s nomination for the Supreme Court on Tuesday, she explained her views on Textualism and Originalism, explaining that “it’s not the law of Amy, it’s the law of the American people.”
“Tell me why Textualism and Originalism are important to you.” Sen. Mike Lee (R-AZ) said to Barrett.
“Because I think that both statutes and the Constitution are law.” Barrett responded. “They derive their democratic legitimacy from the fact that they have been enacted, and in the case of statutes, by the people’s representatives–or, in the case of the Constitution, through the Constitution-making process.”
“I, as a judge, have an obligation to respect and enforce only that law that the people themselves have embraced.” She continued. “As I was saying earlier, it’s not the law of Amy, it’s the law of the American people. I think Originalism and Textualism, to me, boil down to that–to a commitment to the rule of law, to not disturbing, changing, or updating, or adjusting in line with my own policy preferences what that law requires.”