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E FREE CBS NEWS APP. WELCOME BACK TO THE TAKEOUT. SUPREME COURT JUSTICE AMY CONEY BARRETT TOLD CBS NEWS THAT THE SUPREME COURT SHOULD NOT, QUOTE, BE IMPOSING ITS OWN VALUES ON THE AMERICAN PEOPLE.
THIS IS HER FIRST TELEVISION INTERVIEW SINCE JOINING THE HIGH COURT IN 2020. IT'S AHEAD OF THE RELEASE OF HER NEW BOOK, LISTENING TO THE LAW: REFLECTIONS ON THE COURT AND CONSTITUTION. HERE IS SOME OF BARRETT'S CONVERSATION WITH OUR OWN NORAH O'DONNELL.
"YOU WROTE IN THE BOOK, THE COURT HAS HELD THAT THE RIGHTS TO MARRY, ENGAGE IN SEXUAL INTIMACY, USE BIRTH CONTROL AND RAISE CHILDREN ARE FUNDAMENTAL. BUT THE RIGHTS TO DO BUSINESS, COMMIT SUICIDE AND OBTAIN ABORTION ARE NOT RIGHT."
"I'M DESCRIBING THE DOCTRINE. I WAS A LAW PROFESSOR FOR MANY YEARS. YES, I DESCRIBED THE DOCTRINE IN THE BOOK, AND THAT IS THE STATE OF THE LAW, WHICH I. YEAH, WHICH I DESCRIBED IN THE BOOK AS I WANT PEOPLE TO UNDERSTAND IT. I WANT AMERICANS TO UNDERSTAND THE LAW AND THAT IT'S NOT JUST AN OPINION POLL ABOUT WHETHER THE SUPREME COURT THINKS SOMETHING IS GOOD, OR WHETHER THE SUPREME COURT THINKS SOMETHING IS BAD. YOU KNOW WHAT THE COURT IS TRYING TO DO IS SEE WHAT THE AMERICAN PEOPLE HAVE DECIDED. AND SOMETIMES THE AMERICAN PEOPLE HAVE EXPRESSED THEMSELVES IN THE CONSTITUTION ITSELF, WHICH IS OUR FUNDAMENTAL LAW. SOMETIMES IN STATUTES. BUT THE COURT SHOULD NOT BE IMPOSING ITS OWN VALUES ON THE AMERICAN PEOPLE. THAT'S FOR THE DEMOCRATIC PROCESS."
"AND SO WHEN HILLARY CLINTON, FOR EXAMPLE, SAYS, WHAT'S NEXT? SHE SAID, MY PREDICTION IS THE COURT WILL DO TO GAY MARRIAGE WHAT THEY DID TO ABORTION."
"WELL, I THINK PEOPLE WHO CRITICIZE THE COURT OR WHO ARE OUTSIDE SAY A LOT OF DIFFERENT THINGS, BUT AGAIN, THE POINT THAT I MAKE IN THE BOOK IS THAT WE HAVE TO TUNE THOSE THINGS OUT."
"SO BUT YOU ALSO SAY IN THE BOOK THAT THAT THE RIGHTS TO MARRY AND ENGAGE IN SEXUAL INTIMACY AND USE BIRTH CONTROL AND RAISE CHILDREN ARE FUNDAMENTAL."
"YES. AGAIN, I'M DESCRIBING WHAT OUR DOCTRINE IS AND THAT IS WHAT WE'VE SAID."
CBS NEWS SENIOR CORRESPONDENT NORAH O'DONNELL JOINS ME NOW FOR MORE OF OUR INTERVIEW WITH JUSTICE BARRETT.
"GREAT TO HAVE YOU, NORAH. WHEN THE JUSTICE SAYS FUNDAMENTAL, THAT SEEMS TO ME TO BE AN IMPORTANT DIVIDING LINE BETWEEN THOSE ISSUES, THOSE RIGHTS AND OTHERS, THAT THE COURT MAY IN THE FUTURE INTERPRET."
"RIGHT. THIS MAY BE ONE OF THOSE Q AND A'S WHERE YOU WISH YOU HAD A LAW DEGREE. BUT LET ME HELP EXPLAIN THEM, BECAUSE THIS IS IMPORTANT. UNDER THE 14th AMENDMENT, THERE IS THE DUE PROCESS CLAUSE. OF COURSE, THE 13th, 14th AND 15th AMENDMENTS, WHERE RECONSTRUCTION AMENDMENTS, THE 14th AMENDMENT TALKS ABOUT THESE LIFE AND LIBERTY AND FUNDAMENTAL RIGHTS. THIS SUPREME COURT AND OTHERS HAS HAS TO FIND WHAT THESE FUNDAMENTAL RIGHTS ARE. SO TRADITIONALLY, GRISWOLD GRANTED THE FUNDAMENTAL RIGHT TO CONTRACEPTION. OBERGEFELL, SAME SEX MARRIAGE, ROE VERSUS WADE, THE RIGHT TO PRIVACY AND LIBERTY GRANTED UNDER THE DUE PROCESS CLAUSE OF THE 14th AMENDMENT. THIS COURT, THE MAJORITY ON THIS COURT, HAS SAID THAT NO, ABORTION IS NOT A FUNDAMENTAL RIGHT IN THE CONSTITUTION. IT'S NOT NOT ONE THAT IS POPULARLY ACCEPTED BECAUSE OF THE CONTENTIOUS NATURE OF IT. SO IT'S IMPORTANT TO UNDERSTAND THAT. AND THAT'S WHY IN THE DISSENT BY THE MINORITY ON DOBBS, THEY SAID, WELL, IF ABORTION IS NOT A FUNDAMENTAL RIGHT, THEN MAYBE GAY MARRIAGE OR SAME SEX MARRIAGE IS NOT. OR MAYBE CONTRACEPTION IS NOT. AND SO THAT'S WHY THIS QUESTION IS BEFORE JUSTICE BARRETT AND THIS COURT, IF THERE'S A CASE THAT PRESENTS ITSELF, HOW WOULD THEY RULE? AND I THINK THAT'S A CENTRAL QUESTION."
"AND FOR SAME SEX MARRIAGE, THERE IS AND SHE MADE REFERENCE TO STATUTE, A FEDERAL LAW THAT PROTECTS IT. THAT WOULD HAVE TO BE SOMETHING THE SUPREME COURT WOULD ALSO HAVE TO TAKE IN, QUITE SEPARATE FROM THE 14th AMENDMENT OR THE FUNDAMENTAL LINE THAT SHE'S DRAWING ABOUT THESE RIGHTS."
"RIGHT. BECAUSE THAT IS SOMETHING THAT THE PEOPLE HAVE DECIDED. REPRESENTATIVES THROUGH THEIR ELECTED REPRESENTATIVES. AND I THINK WHAT YOU'LL FIND IN OUR INTERVIEW WITH JUSTICE AMY CONEY BARRETT, SHE WANTS TO MAKE VERY CLEAR AND IN HER BOOK THAT LOOK, THERE ARE THE THREE SEPARATE BUT CO-EQUAL BRANCHES OF GOVERNMENT. THERE IS CONGRESS, THE LEGISLATIVE BRANCH, THAT IS A POLITICAL BRANCH. THERE IS THE EXECUTIVE OR THE PRESIDENCY. THAT IS A POLITICAL BRANCH, THE JUDICIAL OR THE SUPREME COURT IS NOT SUPPOSED TO BE A POLITICAL BRANCH. AND SO THEY WANT TO APPEAR TO BE AS NEUTRAL AS POSSIBLE. CERTAINLY PEOPLE CRITICIZE THEM A GREAT DEAL, BUT SHE'S TRYING TO MAKE SURE, AND THAT'S IMPORTANT TO UNDERSTAND. AND ALSO BECAUSE THEY'RE TRYING TO PUSH BACK AGAINST THIS NARRATIVE THAT HAS DEVELOPED, DEVELOPED WITH THE CONSERVATIVE SUPERMAJORITY THAT THEY ARE FAVORABLE TO PRESIDENT TRUMP AND DESIGNS THAT HE MAY HAVE TO EXPAND EXECUTIVE POWER."
"AND THERE WILL BE SEVERAL CASES VERY SOON BEFORE THE COURT IN WHICH THAT WILL ALSO BE SIFTED AND EVALUATED. THAT VERY POINT."
"AND WHAT'S IMPORTANT TO KNOW IS THAT JUSTICE AMY CONEY BARRETT IS AN INFLUENTIAL VOTE. IN FACT, OBSERVERS THAT I TALKED WITH SAY SHE IS THE MOST INFLUENTIAL JUSTICE ON THE SUPREME COURT TODAY. SHE'S 53. SHE'S THE MOTHER OF SEVEN. SHE'S A CATHOLIC WHO TAUGHT AT NOTRE DAME FOR NEARLY TWO DECADES. SO THE QUESTIONS, HOW MUCH IS SHE LIKE? JUSTICE SCALIA, WHO SHE CLERKED FOR? DOES HER FAITH INFLUENCE HER DECISION, JUDICIAL DECISION MAKING? SHE SAYS, NO, IT DOES NOT. SO THERE'S LOTS IN HERE TO LEARN MORE ABOUT THESE JUSTICES. AND AS OUR GOOD FRIEND JAN CRAWFORD, WHO COVERS THE COURT, SAYS THE SUPREME COURT CAN BE SO MYSTERIOUS. SO ANY OPPORTUNITY THAT WE CAN HAVE TO LEARN MORE ABOUT THESE JUSTICES IS A PRIVILEGE AS A JOURNALIST AND AS THOSE OF ALL OF US WHO VOTE, WE WANT TO LEARN MORE ABOUT THIS ONE BRANCH OF THE GOVERNMENT. THAT IS A CHECK ON THE ONES THAT ARE DEMOCRATICALLY ELECTED."
"AND THAT OPPORTUNITY UNIQUELY PRESENTED ITSELF TO THE UNIQUE AND POWERFUL NORAH O'DONNELL."
"OH THANK YOU."
"ALWAYS GREAT TO HAVE YOU WITH US, NORAH. THANK YOU SO VERY MUCH. YOU CAN SEE MORE OF NORAH'S INTERVIEW WITH JUSTICE BARRETT ON CBS SUNDAY MORNING, BEGINNING AT 9:00 EASTERN. YOU CAN ALSO WAT"