AAI Examines Amy Coney Barrett’s Judicial and Scholarly Record, Implications of a 6-3 Conservative Court

The American Antitrust Institute has prepared an analysis and commentary on Justice Amy Coney Barrett’s antitrust experience and relevant scholarship, as well as the antitrust implications of her ascension to the U.S. Supreme Court.

The 48-year-old Justice Barrett, who was confirmed by the Senate in a 52-48 vote on October 26, served as an appellate judge on the Seventh Circuit for three years, after 15 years as a law professor at Notre Dame and brief stints as a law clerk and private practitioner.  AAI reviewed her antitrust and collective action opinions and decisions on the Seventh Circuit, as well as her extensive scholarly writings on statutory interpretation and stare decisis.

Although Justice Barrett’s record affords little-to-no basis to speculate as to how she might rule in particular cases, her judicial philosophy and interpretative methodologies are consistent with a familiar conservative mold.   At least in the near term, AAI suspects Justice Barrett’s confirmation could re-shape the kinds of antitrust cases that come before the Court and the nature of litigants’ arguments. It may also call into question the force of Supreme Court precedent should the issues raised in certain decisions return to the Court in future cases.  And it may further motivate calls for legislative reform of the antitrust laws, particularly if the Democratic Party assumes control of both Congress and the executive branch in the forthcoming election.

The commentary was written by AAI Vice President of Legal Advocacy Randy Stutz and AAI Vice President of Policy Laura Alexander.