Supreme Court Justice Amy Coney Barrett said the Court is “not deciding cases based on the president” currently in office, amid concerns that the justices are protecting President Donald Trump.
Brett Baier, host of Fox News’ Special Report with Bret Baier, put to Barret during a recent interview that “the left is saying that this Court is protecting President Trump and his effort to consolidate power.”
“They say you’re helping to certify this move towards authoritarianism. How do you respond to that?” Baier asked.
Barrett said the Court “decides cases as they come.”
“We’re not deciding cases just for today,” Barrett said. “And we’re not deciding cases based on the president as in the current occupant of the office. We are deciding cases about the presidency.”
Why It Matters
The Supreme Court currently has a 6-3 conservative majority and has ruled in favor of the Trump administration on many key issues such as immigration enforcement and cuts at federal government agencies.
Barrett was appointed by Trump during his first presidential term.
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AP Photo/J. Scott Applewhite
Barrett has previously sided with liberal justices to rule against the Trump administration.
Earlier this year, Barrett and Chief Justice John Roberts, who is also conservative, joined liberal Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson in a ruling upholding a lower court order that unfroze $2 billion in foreign aid.
What To Know
Barrett said that while some of these cases overlap, “many present different constitutional issues.”
Baier also asked Barrett whether she thinks the 22nd Amendment, which limits the number of times a president can be elected to two, is “cut and dry.”
“After FDR had four terms, that’s what that amendment says,” Barrett said.
Last month, Trump told CNBC’s Squawk Box that he would “probably not” run again. “I’d like to run. I have the best poll numbers I’ve ever had,” he said.
A recent Pew Research Center survey found that half of Americans have an unfavorable opinion of the Supreme Court. The survey of 3,554 people was conducted between August 4 and 10 with a margin of error of +/- 1.8 percentage points.
What People Are Saying
Justice Amy Coney Barrett, in a Fox News interview: “We’re taking each case and we’re looking at the question of presidential power as it comes. And the cases that we decide today are going to matter four presidencies from now, six presidencies from now, and so on.”
Justice Brett Kavanaugh, at the 6th Circuit Judicial Conference on Thursday: “We all fall short at times, but I think redoubling our efforts on tone, especially when the tone around us is in the public sphere, in the political world, on all sides, is loud, it’s probably important.”
What Happens Next
The 2025 Supreme Court term begins on October 6.
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