Notre Dame Law School’s growing influence on the Supreme Court
The University of Notre Dame’s law school is an institution increasingly exerting conservative influence on the Supreme Court.
SOUTH BEND, Ind. — Tucked within a Gothic-style building on campus in this small town is a Catholic institution increasingly exerting conservative influence on the Supreme Court: the University of Notre Dame Law School.
The school counts among its former faculty Justice Amy Coney Barrett, who swapped the faux-medieval halls of one institution for the neoclassical marble columns of another in helping form the 6-3 conservative majority on the court.
In a trend that started before Barrett’s appointment but has accelerated since, the school is now having success placing both students and professors in prestigious Supreme Court clerkships. The clerks serve one-year terms and play a low-profile but crucial role in advising their bosses on which cases to take up and how to rule on them. They do research, help craft decisions and serve as sounding boards for the justices.
The nation’s elite law schools — particularly Harvard and Yale — have dominated filling clerkships at the Supreme Court and educating the lawyers who went on to be nominated to the court for decades. In the competition for students and prestige, law schools have worked to propel their students into clerk jobs. Conservative criticism of academia, particularly targeting the nation’s elite universities, has grown, presenting an opening for more conservative-minded schools to gain prominence with a more conservative court.
Hiring clerks from law schools steeped in the prevailing conservative thinking known as originalism — a philosophy often frowned upon in more liberal-leaning law schools — ensures that the justices who hire them have like-minded aides who have been armed by their professors with novel legal approaches on the most pressing issues. Originalist theories have underpinned some of the court’s biggest rulings in recent years, including the decision that overturned abortion rights landmark Roe v. Wade and others that have controversially expanded the right to own firearms.
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