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Barrett Rejects 'Swing Justice' Label, Defends Limited Recusal Disclosures

She said explaining recusals can expose private connections that create safety risks.

Overview

  • Speaking at the SCOTUSblog Summit in Washington, Justice Amy Coney Barrett said she does not view herself as a swing vote and described her judging as consistent with her philosophy.
  • Barrett outlined a two-part recusal framework—actual bias or the appearance of bias—and said she often avoids publicly stating reasons to prevent identifying people who could be targeted.
  • She cited intimidation tactics such as unsolicited pizza deliveries to her home and family members as examples of risks that inform her approach to disclosure.
  • Her votes have been decisive in recent emergency appeals, including an NIH dispute where her split position allowed the administration to cancel grants but kept a block on agency guidance.
  • Barrett did not participate in a high-profile case on publicly funded religious charter schools, resulting in a 4-4 tie, and she has not explained that recusal as some colleagues have begun to do.