The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
A Flashback to Justice Barrett's Confirmation Hearing
As I noted at the time, I was surprised how well she did. I wish we could see more of nominee Barrett.
Co-Blogger Jon Adler flashes back to two posts I wrote during and after Barrett's confirmation process in 2020. He suggests that I singing a different tune today than I did five years ago. I think if you read between the lines, you'll see a different message.
To state the obvious, Justice Barrett's performance at her hearing was masterful. Her performance was at the level of Chief Justice Roberts's. This is one area where the law professor mentality served her quite well.
My expectations going into the hearing were not high. Privately I expressed concerns about her to colleagues. I talked to many people who assured me that she would be solid. Yet as I watched the proceedings, I was truly impressed. Indeed, I was guardedly optimistic about what she might accomplish when confirmed.
But more importantly, I was surprised at how well she did. Indeed, her testimony alleviated some of my concerns.
In one post, I wrote, "She continues to impress me in ways that I frankly hadn't expected." In another post, I wrote, "She made a connection that I hadn't expected to experience." I suggested that she might one day fill Justice Scalia's shoes! I wondered if she would connect with the American people. Perhaps she could become an icon for originalism. None of these things have happened.
I wish we would see more of the ACB from the hearing. There is still hope. Longtime readers will recall my coverage of Justice Kavanaugh was quite harsh for some time. But, in candor, I've had a lot less to object to of late. With a few exceptions, he isn't doing the sorts of things that troubled me. There is always hope for tomorrow.
