I am making my way through Justice Barrett's new book, Listening to the Law. I'll put the praise up front. This is a very well-written book. It is tight, well-organized, and enjoyable. I think a non-lawyer could pick up this book and learn a lot about the Supreme Court. It is also clear to me that Justice Barrett wrote this book herself, and enjoyed writing it. She has a very distinct writing style that comes through on every page. There was no ghost-writer used here.
In due course, I will offer some more in-depth comments, but here, I'd like to highlight some of the new things we learn from the book. In particular, I'll focus on Chapter 4, where she walks through her process of deciding cases.
First, Barrett explains her process before oral arguments. Barrett will read the brief from the Petitioner, Respondent, and when available, the Solicitor General. Barrett is very clear that she does not read amicus briefs "at the outset of [her] preparation." At a recent confirmation hearing, a Senator worried about the dark money that funds amicus briefs. I think this concern is misplaced. Barrett said she will "read some amicus briefs, like those filed by state governments." But she finds less helpful briefs that "dwell on policy arguments." I would know nothing about such briefs!
