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Analyses Challenge Barrett’s Solomon Example in Forthcoming Memoir

Critics say her account minimizes judicial factfinding, distorting the case’s legal framing.

Overview

  • Excerpts quote Amy Coney Barrett writing that “Solomon’s wisdom came from within” and that his authority was “bounded by nothing more than his own judgment.”
  • She contrasts that portrayal with her view that American judges must apply rules in the Constitution and legislation without relying on personal values.
  • Northwestern law scholar Steven Lubet argues Barrett misreads the story, saying Solomon made a factual determination under background law to identify the true mother.
  • Lubet describes Solomon’s threat to divide the baby as a credibility test that elicited demeanor evidence, not a freewheeling moral decree.
  • Analyses fault Barrett for downplaying factfinding and highlight her limited trial experience, tying the debate to her textualism and noting no rebuttal from her in the coverage.