Survey says readers like Justice Barrett for employment law. Beyond that, however…

Amy Coney Barrett

Rachel Malehorn, CC BY 3.0, via Wikimedia Commons

Shout out to the 648 of you who participated in yesterday’s poll and weighed in on the newest Supreme Court Justice: Amy Coney Barrett.

The survey had five questions, and participants were folks who read this blog or follow me on social media. So, while anonymous, I’m assuming that most are attorneys, human resources professionals, or other managers and business owners. About 4 in 5 respondents generally work in the private sector. Party affiliation was diverse (37.1% Democrat; 22.4% Republican; 23.2% “Other”; 17.3% did not say)

Thumbs up 👍 for Amy Coney Barrett on employment law matters

One of the questions I asked was: “Timing aside, from a pure HR-compliance standpoint only, do you support Amy Coney Barrett as the next Supreme Court Justice?”

  • 45.4% of you said YES
  • 36.1% of you said NO
  • 18.6% of you did not know

I spent a week profiling Justice Barrett’s employment law experience as a Seventh Circuit Judge for what it’s worth. I generally endorsed her as a fair and impartial judge who faithfully applied the law to both employees and employers. Could that have impacted the outcome here? Maybe. But, as a recognized “conservative,” many would assume that in her new role of shaping law (as opposed to simply applying legal precedent), she may tend to favor employers over employees.

Thumbs down 👎 for Amy Coney Barrett generally.

I asked respondents: “Timing aside, do you support Amy Coney Barrett as the next Supreme Court Justice?”

  • 47.9% of you said NO
  • 43.4% of you said YES
  • 8.7% of you did not know

Anecdotally, based on some of the comments, the confirmation process left a sour taste in many respondent’s mouths. Additionally, the conservative perception suggests that Justice Barrett may take issue with ACA, Roe v. Wade, and other issues that tend to lean left.

BIGGER Thumbs down 👎 for the decision to confirm Amy Coney Barrett pre-election.

The other question I asked was: “Should filling Justice Ruth Bader Ginsburg’s vacancy have waited until after the election?” The results reflected the greatest voting disparity.


The comments from some respondents amplified the delta.

One reader noted, “The hypocrisy of the Republicans is what is so offensive to me. We didn’t get coverage on her ruling history or have the ability to learn about her at all due to the rushed time frame this occurred in to push ahead a political agenda and the bias in the media. Both are to blame in my opinion.” 

Another reader noted that the Republicans played by the rules, “Trump was elected for president for 4 years. It is still his term and his party controls the senate. Whether I like it or not, what happened is perfectly acceptable within the laws of our country.”

Still, another reader was pleased to see a non-Ivy League school represent, “It’s way overdue that the monopoly of Harvard and Yale for Supreme Court justices has been broken.

Thank you! 🙌

Again, I want to thank everyone who participated in the poll. If you haven’t voted already, I’ll leave the survey open through the end of the week so that you can still cast your vote.

“Doing What’s Right – Not Just What’s Legal”
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