Justice Barrett interviewed on Advisory Opinions

Justice Amy Coney Barrett joined hosts Sarah Isgur and David French for a wide-ranging interview on the latest episode of “Advisory Opinions,” The Dispatch’s legal podcast. Recorded in the Lawyer’s Room at the Supreme Court, the roughly 45-minute interview touched on the history of originalism, the increasing contention around the emergency docket, and how “the judiciary is by design a passive branch.”

Barrett, drawing from her new book Listening to the Law: Reflections on the Court and Constitution, spoke on her commitment to originalism with Isgur and French – notably, she characterized it not as a “tool of judicial restraint” but as a framework that requires analyzing both text and context. Specifically, Barrett referenced a hypothetical about “green vehicles” from her book, where a sign allowing “green cars” refers not to the color but emissions of the vehicle, to illustrate the point that language is inherently contextual. Throughout the conversation, Barrett also answered questions on some practical aspects of the court, like how exactly to pronounce “certiorari” (you’ll have to listen to the interview to find out) and what not to do as an advocate before the justices at oral argument (spoiler: it’s straying from the briefs). Barrett also reflected on her role as the second-least-senior justice, called clerking “a little bit like parenting,” and discussed how Justice Antonin Scalia influenced her own interactions with clerks.

You can listen to the full podcast here.