Club for Growth strongly supports the confirmation of Amy Coney Barrett as Associate Justice on the Supreme Court. Her confirmation will be considered soon in the United States Senate. The result of the vote will be included in the Club for Growth Foundation’s 2020 Congressional Scorecard.
Club for Growth believes Judge Barrett will be a pro-growth Justice for many reasons. Barrett’s judicial philosophy will have a positive impact on limiting agency overregulation. Current jurisprudence requires that when a judge and an agency disagree on how to interpret the law, the tie goes to the agency, which too often empowers the unelected bureaucrat. Free reign of agency interpretation and action has led to a dramatic expansion of regulatory authority to the detriment of economic liberty and property rights. Recent decisions and the current composition of the Supreme Court hints that administrative deference may soon face substantive limitations.
Judge Barrett follows a judicial philosophy called “pragmatic originalism” that gives respect to prior precedent to avoid excessive disruption, but which is still willing to overrule erroneous former precedent. Judge Amy Coney Barrett’s jurisprudence signals that she would work to rein-in agency overreach to the benefit of economic growth and individual rights.
We know Barrett’s nomination to the U.S. Supreme Court bodes well for economic liberty and property rights, particularly in relation to agency action in regulation. Judge Barrett loves the Constitution and sees the value of precedent but also is willing to revisit cases that are inconsistent with the Constitution. She may be willing to overrule prior erroneous precedent on excessive regulation, and at the very least is poised to limit agency overreach. Courts should protect economic freedom and liberty.
Club for Growth Foundation’s Congressional Scorecard for the 116th Congress provides a comprehensive rating of how well or how poorly each member of Congress supports pro-growth, free-market policies and will be distributed to the public.