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Foreign Policy
Foreign Policy
Politics
Michael Hirsh, Salvatore Babones, Michael Hirsh

Scholars Fear a More Nationalist Supreme Court Under Barrett

Supreme Court nominee Judge Amy Coney Barrett testifies on Capitol Hill in Washington on Oct. 14. Ken Cedeno-Pool/Getty Images

With the presidential election just three weeks away, almost all the questions asked of U.S. Supreme Court nominee Amy Coney Barrett at her confirmation hearings this week have focused on hot-button domestic issues—especially Democratic concerns that she will fulfill President Donald Trump’s wishes and vote to overturn abortion rights, the Affordable Care Act, and same-sex marriage.

But though Barrett’s record on international issues is scant, some legal scholars fear that her impact will be just as lasting on America’s role in the global system. They believe that she will follow her mentor, former Justice Antonin Scalia, and tilt the court toward rejecting international law, preventing future presidents from unilaterally negotiating global agreements such as the Iran nuclear deal and leaving the fate of ongoing military campaigns entirely in the hands of the White House without legal restraint. 

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