U.S. Supreme Court Justice Amy Coney Barrett was in Bentonville on Saturday night as the latest speaker in the Crystal Bridges Building Bridges lecture series. She discussed the role of the Supreme Court today, her faith in motherhood, and how the justices work together despite ideological differences. Ozarks at Large's Daniel Caruth has this report.
A crowd applauds as Supreme Court Justice Amy Coney Barrett sits down in the sleek, glass and wood-paneled ballroom of the Heartland Hotel Health Institute in Bentonville on Saturday evening.
"Barrett, it really is an honor to welcome you here tonight to Crystal Bridges."
"Thank you for having me. It's an honor to be with you all tonight."
Barrett joined moderator and Crystal Bridges board chair Olivia Walton for a conversation titled "Building Bridges: Disagreement by Design." The event was the latest installment in the museum's yearlong America 250 celebration, which has included two other speakers: former President Barack Obama and documentary filmmaker Ken Burns.
During the hour-long talk, Barrett discussed a wide range of issues, from growing up in New Orleans to her time as a law professor, and how she views her role among the nine justices of the U.S. Supreme Court. When asked about that role, she pushed back on being called a conservative justice.
"So I would reject the label of a conservative justice, but I would say that I'm an originalist justice. And I think what that means, it's really what I was talking about a moment ago about the judicial role. So I think there are two competing views of the judicial role, and one has a more minimal view of judicial power. And one has a, you know, a more progressive or a more active view of judicial power. I would say that my approach would say, I view the Constitution as our foundational document. I view myself as bound to apply the text of the Constitution. As I was saying, you know, I'm bound to apply the text of statutes and to leave more things to the democratic process. That unless the Constitution speaks to it, then I think change should come through the ratification process. Change should come from the people."
Barrett, who was nominated by President Donald Trump to the court in 2020, also addressed the idea of a politicized court.
"But it is really the smallest percentage of those cases. And then why do those cases come out that way? Is it just politics? No, I think the reason why those cases come out that way goes back to what I was describing at the beginning. Different views of the role of the court vis-a-vis the Constitution and different jurisprudential — like, just different ways of interpreting the law. When the Constitution speaks to something, it is the role of the court to say if Congress, for example, or a state has overstepped. But I think there are differing views about how much the court should do beyond that. And I think that that explains a lot of those ideological — the so-called ideological divides."
Six of the current justices were appointed by a Republican president, while three were appointed by a Democrat. Though Barrett has found herself siding on some cases with the liberal justices, most notably in a decision that struck down President Trump's tariffs, she's often aligned with conservative judges on issues like abortion, including the Dobbs ruling that overturned Roe v. Wade.
"An abortion has been such a divisive and deeply contested issue. So what Dobbs essentially held was, well, it was an error because it doesn't pass that threshold of like such a deeply ingrained right, that it goes without saying in the Constitution. And it's been so divisive, it's never settled in. There are some precedents that I kind of think of as like, they've just kind of become part of — like, let sleeping dogs lie — like you would just wouldn't. Nobody even would ask the court to overturn them because they've just kind of become part of the way that we understand the law. Roe was constantly being challenged. Roe was causing a lot of division in the country. And so what Dobbs said was that in those — in that situation, and I'm kind of simplifying the stare decisis factors a bit here — but said this is an issue that belongs to the people, that the Constitution doesn't speak to. And so it should be returned to the people. And I think in the years since Dobbs, we've seen that return to the people, and we've seen state legislatures, and we've seen different agencies of the federal government making decisions themselves. I mean, before Dobbs itself involved, you know, there are a lot of complicated questions. It's a — you know, Dobbs involved a 14-week — like saying that no abortions after 14 weeks. Those are complicated moral questions about which people disagree. Like, you know, not just fundamentally, should there be a right to abortion or not, but where do you draw the line? Is it 14 weeks? Is it 21 weeks? Is it term? So all of those decisions, what Dobbs held was, should be returned to the democratic process."
The justice and Walton did not bring up the court's most recent 6-3 decision, which stripped part of the Voting Rights Act that prohibited racially discriminatory gerrymandering and with which Barrett concurred. The controversial decision has drawn criticism from many, including leaders with the NAACP of Arkansas and the Arkansas Black Caucus.
Tonight's crowd was also greeted by a small number of protesters as they entered and left the Crystal Bridges grounds, holding signs with messages including "shame on you, Amy" and "86 Scotus." Inside, though, many audience members said they were excited and curious to hear from Barrett.
Like Bentonville resident Barbara Tillman.
"She's conservative and female. And, no, I just — I followed her from the point time that she was presented as a nominee and just really interested in what's going on."
Steve Douglas, who drove down from Goodman, Missouri, said having a Supreme Court justice speak so close to his home was something he didn't want to miss out on.
"It's so rare to have somebody of his stature come within 30 minutes of our home. It'd be crazy not to. I mean, it's something to see a historical figure like this. I think it's a great opportunity. Also the lecture series that's going on that the Walton family is providing, I think is just tremendous. And from an educational intellectual spot, I just had to be here."
Douglas says he's an avid Supreme Court watcher and believes understanding the law and Constitution are fundamental for any citizen.
"Every, every single decision I read, every decision that comes out. So yes, I just think we're so fortunate to live in this country and to have the three branches of government — if they — I'm concerned about where we are right now. They're not operating independently as they should, but if they do, I think it makes us the greatest country in the world. And so far, from my personal perspective, I think the judicial branch has kept us from having some bad outcomes. It's been a guardrail. And so I'm just really excited to see anything that the justices have to say in person, listen to them and learn what I can from what their perspective is."
And Christie Day, an attorney from Neosho, Missouri, says she's hoping to hear more about how politics plays a role in the Supreme Court's decision making.
"I want to hear about judicial independence tonight. I'm hopeful to hear that. I know there's been some talk that the Supreme Court has not been as independent politically as they have in the past. I want to see if there's any reference to that. I know I saw the title of her speak — of her speech — is like 'Disagreement by Design.' So I'm interested in where she's going to go with that."
And for Greg White and his wife, Martha, tonight's discussion is an opportunity to challenge their own political perspectives.
"And I'd like to hear what her opinions are and what's — what she's doing. I know she's a very staunch Catholic conservative. And in my mind, I think the separation of church and state has kind of disappeared. And I don't expect her to change that. But I'd like to hear what her views are.”
“I decided to come in order to be more open minded on different views. Since this has become such a divided country, it needs to come back to some common sense, and I'm hoping to start that and be an example for my granddaughters."
And that note is where Barrett ended her conversation. The justice, who has a daughter graduating from college and a son graduating from high school this year, offered this advice to graduates.
"As you enter the world of — I'm thinking about telling them to seek out people with whom you disagree and to make sure to give them grace and see people as humans."
“And the final question, which we like to ask everybody: What is the American spirit mean to you?”
"I think the American spirit is resilience, and I've been thinking a lot, especially in the current time that we're living in, about getting along with people with whom you disagree. And I think who better exemplifies the American spirit than Abraham Lincoln? And he started his first inaugural address by saying, “We are not enemies, but friends.” I think that's a really important thing to remember. And I just learned today that another thing he said was, “I don't like that man. I must get to know him better.” And I think that's a good lesson for all of us, because I don't think that we can continue to move on unless we channel what prior generations have done before us and learning to, if not love one another, at least cooperate with one another and like one another and find a path for compromise moving forward."
Ozarks at Large transcripts are created on a rush deadline. Copy editors utilize AI tools to review work. KUAF does not publish content created by AI. Please reach out to kuafinfo@uark.edu to report an issue. The audio version is the authoritative record of KUAF programming.
