In her professional career, Barrett says she holds the same judicial philosophy as Scalia, who dissented in Obergefell v. Hodges, the Supreme Court ruling that ruled same-sex marriage is guaranteed by the Constitution. In a lecture she gave as a Notre Dame law professor in 2016, Barrett defended the Obergefell dissenters. She said that Title IX protections for transgender Americans were a “strain on the text” and suggested that laws on marriage equality should be left to state legislatures, not the courts. The case’s plaintiff and defendant, Jim Obergefell, called Barrett’s confirmation a “human rights emergency” in an October opinion piece in The Washington Post. During her Senate Supreme Court nomination hearings, Barrett declined to say whether she agreed with the Obergefell decision. “I don’t think that anybody should assume that just because Justice Scalia decided a decision a certain way that I would too,” she said.
In a letter to Senate leaders this October, dozens of disability advocacy groups objected to Barrett’s nomination to the Supreme Court. The groups noted that Barrett seems primed to overturn Obamacare, which could be disastrous for the 28.9 percent of families who have at least one disabled family member, according to census data. The ACA has supported people with disabilities through its protections for preexisting conditions, Medicaid expansion, coverage of mental health services, habilitation services for people with intellectual and developmental disabilities, and protections against disability discrimination, the letter notes.
Earlier this year in a ruling as a circuit judge, Barrett dissented against the decision in Wolf v. Cook County, which banned a recent Homeland Security rule that made it more difficult for immigrants with disabilities to come to the U.S. or become permanent residents by considering them a “public charge.” The majority opinion said that the rule violated the Rehabilitation Act of 1973, which makes it illegal for federally-funded programs to discriminate based on disabilities, concluding that it “penalizes…[and] disproportionately burdens disabled people.” Barrett also joined a 2019 decision, P.F. v. Taylor, which ruled that the state of Wisconsin didn’t discriminate when it said that kids with learning disabilities who applied to transfer to a school district outside of their residential area could be denied a transfer application if the school lacked the “services necessary to meet those special needs.”
On contraception
During her Senate Supreme Court nomination hearing, Barrett said she doesn’t think that the 1965 Supreme Court ruling in Griswold v. Connecticut—which legalized contraception in the U.S. and paved the way for Roe v. Wade—is “in danger of going anywhere.” However, as with other Court rulings, Barrett refused to say whether she believed the Court reached the right conclusion. Her personal views on the topic have raised concerns: In 2006, Barrett signed an advertisement created by the anti-choice organization St. Joseph County Right to Life (an organization that also wants to criminalize the discarding of unused embryos from the in-vitro fertilization process) stating that “life begins at fertilization”. This stance views some forms of contraception, including intrauterine (IUD) devices, as unacceptable.
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