Monday, September 08, 2025
Justice Barrett Gets the Bible Wrong
My new essay on Slate explains Justice Amy Coney Barrett’s misunderstanding of the wisdom of King Solomon. Here is the gist:
Amy Coney Barrett Somehow Managed to Get the Law and the Bible Wrong in Her New Book
By Steven Lubet
Sept 05, 202511:24 AM
Supreme Court Justice Amy Coney Barrett’s new book, Listening to the Law, excerpted in the Free Press on Wednesday, features a discussion of King Solomon. Barrett believes that the biblical king’s ruling about two mothers fighting for custody of a child can explain the difference between “doing justice” and applying the law, with the latter being the proper role of an American judge, according to Barrett. Remarkably, the justice manages to get both the Bible and the legal system wrong.
To Barrett, “Solomon’s wisdom came from within,” rather than from “sources like laws passed by a legislature or precedents set by other judges.” His authority was “bounded by nothing more than his own judgment.” In contrast, Barrett says, American judges, including Supreme Court justices, must apply the rules found “in the Constitution and legislation,” without consideration of their personal values, no matter how Solomonic they may seem.
That is a serious misinterpretation of the story. Solomon was neither making a moral judgment nor applying his own understanding of right and wrong. Instead, he was reaching a purely factual determination while carefully adhering to the background law.
You can read the full column on Slate.
Posted by Steve Lubet on September 8, 2025 at 04:29 AM | Permalink
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