Amy Coney Barrett: Carving Her Own Path on the Court

By Dana A. Wakeman

Dana Wakeman is the Editor-in-Chief of Albany Law Review, Volume 89 and a member of the Albany Law Class of 2026. During her time in law school, Dana has interned twice in the Northern District of New York for two different judges as well as with the United States Government Accountability Office. Dana has also been selected as a Teaching Assistant for Torts, Constitutional Law I, and Constitutional Law II classes.

Prior to law school, Dana earned her Master's in Public Administration from American University and her Bachelor of Arts in Political Science from Siena University. While in graduate school, Dana worked for a research consulting firm, which also included presenting at the 2023 American Association for Public Opinion Research Conference. During her time at Siena, Dana participated in the Bonner Service Leaders Program, culminating in 2,500 hours of community service as well as a community engaged thesis project on drug diversion programs.

Dana has two forthcoming publications in Albany Law Review including “Setting a Higher Bar: Reforming Presidential Immunity” and “What's Next: Expanding State Constitutional Independence in New York.”

This paper provides an overview of who Justice Amy Coney Barrett is, why President Trump nominated her to fill a vacancy on the U.S Supreme Court, and how she has fulfilled or defied others’ expectations of her.

The paper describes the Fischer v. United States case, and Justice Barrett’s opinion that garnered criticism by conservatives. It also explains the Trump v. United States case, with a focus on Justice Barrett’s opinion that concurred with the majority only in part.

The paper then analyzes any common trends in Fischer and Trump in order to identify potential factors involved in Justice Barrett’s decision-making. Finally, the paper concludes by illustrating how Justice Barrett’s philosophy may impact future cases or opinions of the Court. 

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