This is the Cato Daily Podcast for Monday, September 28th, 2020.

I'm Caleb Brown.

Amy Coney Barrett of the Seventh Circuit is Donald Trump's pick to replace the late

Ruth Bader Ginsburg on the Supreme Court, what does her relatively

large body of work indicate her brow to her predisposition if confirmed?

Casey Maddox is Vice President for Legal and Judicial Strategy at Americans for Prosperity.

We spoke yesterday.

You know, I think the best answer about where she is philosophically is you begin with what she says about where she is philosophically and then you

check that against her actual jurisprudence. So you begin there. What she says about herself philosophically is that she is in the mold of Justice Scalia, that his philosophy is

her philosophy. At least, you know, obviously Justice Scalia had some important shifts, I think,

over his time on the bench, but if you look at that,

especially his later years and when she clerked with him on,

I think that demonstrates a judicial philosophy that is pretty rooted in an originalist understanding of the Constitution, trying to seek to understand the text and its original public meaning at the time the Constitution was enacted,

looking at the at the

looking at the specific text of legislation

that Congress enacted and how that was generally

understood when it was written. And I think effectively what that does is it

puts the burden on the legislature. It tells the Congress that it's your job to create the

laws, you draft these things, we're going to apply these things to the best of our ability,

instead of Congress essentially punting that job over to the Supreme Court and asking them to make the difficult

decision. I think that you begin with what she says,

and then from there you can look at specific opinions

...