A Quote by Amy Coney Barrett
Were I confirmed as a judge, I would decide cases according to the rule of law beginning to end.
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Obama's attitude toward the rule of law is apparent in the words he used to describe what he is looking for in a nominee to replace Justice David Souter. He wants 'someone who understands justice is not just about some abstract legal theory,' he said, but someone who has 'empathy.' In other words, judges should decide cases so that the right people win, not according to the rule of law.
I have no doubt that if confirmed, Judge Gorsuch would help to restore confidence in the rule of law. His years on the bench reveal a commitment to judicial independence - a record that should give the American people confidence that he will not compromise principle to favor the president who appointed him.
I do not believe in lawyers, in that mode of attacking or defending a man, because you descend to meet the judge on his own ground, and, in cases of the highest importance, it is of no consequence whether a man breaks a human law or not. Let lawyers decide trivial cases.
The Judge does not make the law. It is people that make the law. Therefore if a law is unjust, and if the Judge judges according to the law, that is justice, even if it is not just.
As I have said repeatedly, if confirmed to the court, I would be part of a team of nine, committed to deciding cases according to the constitution and laws of the United States. I would always strive to be a team player.
I totally reject and have rejected throughout my entire career the proposition that the end justifies the means or that a judge should decide cases based on a desire to reach a certain outcome.
But you are not under a system similar to that by which the Jews were obliged to pay tithes to the priests. If there were any such rule laid down in the Gospel, it would destroy the beauty of spontaneous giving and take away all the bloom from the fruit of your liberality! There is no law to tell me what I should give my father on his birthday. There is no rule laid down in any law book to decide what present a husband should give to his wife, nor what token of affection we should bestow upon others whom we love. No, the gift must be a free one, or it has lost all its sweetness.
Since natural law was thought to be accessible to the ordinary man, the theory invited each juror to inquire for himself whether a particular rule of law was consonant with principles of higher law. This view is reflected in John Adams' statement that it would be an 'absurdity' for jurors to be required to accept the judge's view of the law, 'against their own opinion, judgment, and conscience.'
While I sat in family court, I probably heard 20 or 25,000 cases. And I am sure, during the course of those cases, there were cases that I probably would've decided differently had I had either more time or been able to explore more. But all you can do as a judge is really give a case your best effort.
The role of the judge is simply to decide cases.
There has been no clearer principle of English or American constitutional law than that, in criminal cases, it is not only the power and duty of juries to judge what are the facts, what is the law, and what is the moral intent of the accused; but that it is also their power, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and find all persons guiltless in violating, or resisting the execution of, such laws.
Mary Stuart wrote, 'My end is in my beginning.' It is easier to agree with her than to decide what is the beginning, and what is the end.
People of faith should not invoke the power of the state to decide what everyone can believe or think or read or do. In such cases, like abortion or prayer or prohibition or sexual identity, the proper role of religion is to appeal to the free conscience of each person, not the coercive rule of secular law.
It is the function of a judge not to make but to declare the law, according to the golden mete-wand of the law and not by the crooked cord of discretion.
That, if the Gentiles, (whom no Law inspir'd,)
By Nature did what was by Law requir'd;
They, who the written Rule and never known,
Were to themselves both Rule and Law alone:
To Natures plain Indictment they shall plead;
And, by their Conscience, be condemn'd or freed.
It would be one thing if we could say the system works [in Illinois], and that individuals followed procedures and were found innocent, but in fact in all the cases it was really a fluke ... We find persistent wrongdoing on the part of law enforcement. It's really sheer luck that those convicted of these [capital] crimes were exonerated in the end.
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