Before Trump’s Election, Amy Barrett Said She Was Worried About Both Trump And Clinton Picking SCOTUS Justices

Justin Caruso Contributor

Amy Barrett, the federal circuit court judge who many are speculating could be President Trump’s next Supreme Court nominee, didn’t sound like his biggest fan before the election in 2016.

During a November 3rd, 2016 speech at Jacksonville University, Barrett said “who knows” what a Trump court would look like, and even said that she was worried about either candidate choosing another justice.


During her speech, less than a week away from the election, Barrett speculated on how each major party candidate, Donald Trump or Hillary Clinton, may approach their nominations for the Supreme Court. After diving into how Clinton may approach her possible choices, she then turns to Trump.

“What would we have in a Trump court?” she asked out loud, answering herself, “Who knows?” while laughing. (12:50 in video)

She also said that she wasn’t sure whether Trump would actually choose from the list of the potential justices that he had provided, and said that his picks may be a “mixed bag.”

“I think we know for sure — I could say with confidence, I don’t know who Hillary Clinton would appoint but I can say with confidence the profile or the kind of constitutional approach she would want. Trump, I’m not so sure,” she said.

“He’s offered a list, and his list is populated with people who would take a more Scalia-esque approach to the Constitution — who knows if he would choose from that list or not? He’s obviously not bound to do so. I think it would be maybe more of a mixed bag. I think maybe Trump would appoint some that were more in the mold of Scalia, maybe some more in the mold of Kennedy — who knows? I think we may well end up with a moderate to more conservative court on judicial role. I think it is safe to say it probably wouldn’t be as hard to the left-leaning side on the approach to constitutional questions as, as Hillary would.”

Further, Barrett said that she was “worried” about both Trump and Clinton’s possible picks.

Later, she was asked what she thought about where the court could go after the election.

“Gosh, it is a consequential moment, and the ‘Who decides’ question, just as a personal matter, is really important to me,” she said. (53:00 in video)

“And so, I guess, I, I worry a lot you know, about that ‘Who decides’ question, about our decisions, you know and my voice kind of getting taken away depending on, on what happens and that could be true, you know, on either candidates selection of nominees but that I think is the question for me.”

The Daily Caller News Foundation reported Monday that President Trump’s pick to replace Anthony Kennedy will likely either be Brett Kavanaugh or Amy Barrett. (RELATED: These Are Trump’s Two Top Picks For The Supreme Court)

His choice is set to be announced on July 9th.