Key facts
- Justice Amy Coney Barrett, appointed by Donald Trump, has increasingly voted with liberal justices on key issues.
- Barrett authored a ruling on mail-in ballots and joined decisions against Trump's tariffs and birthright citizenship order.
- These rulings drew criticism from Trump and conservative commentators, who called Barrett a 'turncoat'.
- Legal experts suggest Barrett's votes reflect judicial independence rather than a shift in ideology.
- In the past term, Barrett voted with conservative interests in 10 out of 13 major cases involving Trump and Republican priorities.
Justice Amy Coney Barrett, a key figure in the Supreme Court's conservative majority, has increasingly demonstrated judicial independence, sometimes siding with liberal justices against President Donald Trump's priorities. This independence has drawn criticism from Trump and some conservative commentators, who have labeled her a 'turncoat' and a 'disaster.'
During the court's most recent term, Barrett joined rulings that impacted significant Trump-backed policies. She authored a 5-4 decision that requires mail-in ballots to be counted if postmarked by Election Day, a move that could benefit Democratic voters. She also joined rulings that rejected Trump's sweeping global tariffs and his executive order aimed at denying birthright citizenship to children of certain immigrants, based on the 14th Amendment.
These decisions contrast with Barrett's role in other key conservative victories. She supported Trump's efforts to remove Federal Reserve Governor Lisa Cook and FTC member Rebecca Slaughter, backed challenges to campaign finance restrictions, and voted to gut a Voting Rights Act provision. Barrett also voted to uphold state laws banning transgender student athletes and to strike down a Colorado law on conversion therapy. Furthermore, she was part of the majority in decisions expanding Second Amendment gun rights.
Legal experts, however, argue that Barrett's votes do not indicate a departure from conservative principles but rather reflect the reality of judicial decision-making, where appointees do not always align with the appointing president's wishes. Barrett, appointed in 2020, had pledged upon her confirmation to perform her duties 'without fear or favor' and independently of the political branches.