Justice Barrett Cites Own Law Review Articles in Supreme Court Concurrence
5 reported
A recent Supreme Court concurrence by Justice Amy Coney Barrett has drawn attention for her citation of two of her own law review articles as support for her judicial opinion. In Hunter v. United States, Barrett cited articles from 2006 and 2008, using the word "I" to express skepticism about the Supreme Court's supervisory power and to distinguish it from procedural common law. The Volokh Conspiracy column notes that while other justices who were former professors, such as Ruth Bader Ginsburg, Antonin Scalia, Stephen Breyer, and Elena Kagan, have had their scholarship reflected in their jurisprudence, Barrett's explicit self-citation is unusual. The column observes that Supreme Court nominees typically state during confirmation hearings that past writings represent their role as an advocate or professor, but will approach each case with a fresh perspective. The author suggests that Barrett's self-citation proves that justices do not forget everything they once knew.
What’s reported
Justice Barrett cited two of her own law review articles in her concurrence in Hunter v. United States.
The articles cited are "The Supervisory Power of the Supreme Court" (2006) and "Procedural Common Law" (2008).
Barrett used the word "I" in the concurrence, stating she is "skeptical" of the Supreme Court's supervisory authority and has distinguished it from procedural common law.
The column notes that other justices who were former professors have had their scholarship reflected in their jurisprudence, but Barrett's explicit self-citation is described as unusual.
Supreme Court nominees typically say during confirmation hearings that past writings represent their role as an advocate or professor, but they will approach each case with a fresh perspective.
Key figures
Justice Amy Coney Barrett, Supreme Court justice
Justice Clarence Thomas, mentioned in the concurrence
Ruth Bader Ginsburg, former Supreme Court justice
Antonin Scalia, former Supreme Court justice
Stephen Breyer, former Supreme Court justice
Elena Kagan, Supreme Court justice
Sources: reason.com
