Is Amy Coney Barrett the new David Souter?

Supreme Court Justice Amy Coney Barrett was once revered on the right. When President Trump nominated her to replace the late Justice Ruth Bader Ginsburg in 2020, conservative supporters and the Federalist Society were certain the president was securing a six-to-three originalist majority.

But in recent weeks, Barrett is being reviled on the right.

Her vote this week against Trump’s deportations of alleged Tren de Aragua gang members under the Enemy Aliens Act of 1798, in a five-to-four ruling, is generating contempt among conservative commentators online. A few more rulings like that one, and Barrett may henceforth be compared to Justice David Souter, the jurist nominated in 1990 to the Supreme Court by President George H.W. Bush.

Souter, believed at the time to be a “stealth conservative,” emerged as one of the most liberal justices during his tenure on the court and even made a point of retiring in 2009 so that Democratic President Barack Obama could choose his replacement.

Conservatives are now speaking out online against Barrett. Sen. Mike Lee (R-Utah) called Barrett’s vote “disappointing.” Elon Musk joined the rhetorical onslaught, writing, “Suicidal empathy is a civilizational risk.” Online influencer Rogan O’Handley wrote that Barrett had voted to “keep cartels in America.” Among Trump’s picks for the Supreme Court, he wrote, “damn was she a bust.” Columnist Ann Coulter made it quite personal, slamming Barrett by posting​ a photo of the justice with her children, two of whom were adopted from Haiti. “Who could’ve seen that coming?” Coulter wrote.

The Barrett backlash began not so quietly last month, when she voted against Trump’s freeze on foreign aid. This led to claims among some influencers that she was a “DEI hire.” But, when queried about conservative qualms about Barrett, Trump called her a “very good woman” and “very smart,” discounting the dissent.

Barrett had been with the majority, six to three, in overruling Roe v. Wade in 2022 in the Dobbs case, her most famous case on the court thus far. And she has been with the conservative majority on quite a number of other high-profile cases.

For example, in New York State Rifle & Pistol Association v. Bruen (2022), Barrett joined the majority opinion, written by Justice Clarence Thomas, holding that the Constitution protects an individual’s right to carry a handgun outside the home for self-defense. The decision significantly expanded gun rights by broadening the interpretation of the Second Amendment, particularly in relation to concealed carry laws. This ruling was a landmark decision in gun rights jurisprudence.

In Fulton v. City of Philadelphia (2021), Barrett also joined the majority opinion, which ruled in favor of Catholic Social Services. The religious organization had been cut off by Philadelphia for refusing to license same-sex couples as foster parents. The city’s actions, the court held, violated the First Amendment’s guarantee of the free exercise of religion.

Barrett also held the line in the 2021 case regarding the CDC’s eviction moratorium. In Alabama Association of Realtors v. Health and Human Services, the justices held that the CDC could not use the COVID-19 pandemic as a further excuse to extend its nationwide eviction moratorium. Barrett and the conservative majority ruled that the CDC had exceeded its authority in imposing the moratorium, and that only Congress could enact such a measure.

To be fair to Barrett, we just don’t know, based on two recent rulings against Trump, whether she is the new Souter. Conservative influencers may be jumping the shark with their rush to judgment.

Gene J. Koprowski is an Emmy-nominated journalist, former U.S. Naval officer and attorney.