Amy Coney Barrett
Amy Coney Barrett | |
---|---|
Judge of the United States Court of Appeals for the Seventh Circuit | |
Assumed office November 2, 2017 | |
Appointed by | Donald Trump |
Preceded by | John Daniel Tinder |
Personal details | |
Born | Amy Vivian Coney January 28, 1972 New Orleans, Louisiana, U.S. |
Spouse | Jesse Barrett |
Education | Rhodes College (BA) University of Notre Dame (JD) |
Academic work | |
Discipline | Jurisprudence |
Institutions | University of Notre Dame |
Website | Notre Dame Law Biography |
Amy Vivian Coney Barrett (born January 28, 1972)[1][2] is an American attorney and jurist who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett is the first and only woman to occupy an Illinois seat on the Seventh Circuit Court of Appeals. Described as an "originalist," Barrett's judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett's scholarship focuses on originalism, statutory interpretation, and stare decisis.[4]
Barrett was nominated to the Seventh Circuit Court of Appeals by President Donald Trump in May 2017 and confirmed by the Senate later that year. While serving on the federal bench, she is a professor of law at Notre Dame Law School, where she has taught civil procedure, constitutional law, and statutory interpretation.[5][2][6][7] Shortly after her confirmation to the Seventh Circuit Court of Appeals in 2017, Barrett was added to Trump's list of potential Supreme Court nominees.[8]
Early life and education, and career
Barrett was born and raised in New Orleans. She is the oldest of seven children, with five sisters and a brother. Her father, Michael Coney, worked as an attorney for Shell Oil Company; her mother was a homemaker. Her maternal grandfather, Bobby Vath, fought in World War II. During his Navy tour, he wrote close to 700 letters to Barrett's maternal grandmother, Jeanne Daste. A selection of those letters was published in a private family memoir, The Sea Bag: Hurricane Katrina and a Love Revealed.[9]
In 1990, Barrett graduated from St. Mary's Dominican High School, where she was vice president of the student body.[10] In 1994, Barrett graduated magna cum laude with a bachelor of arts in English literature from Rhodes College, where she was a Phi Beta Kappa member.[11]
She then attended Notre Dame Law School as a Kiley Fellow (a full-tuition scholarship). At Notre Dame, Barrett served as an executive editor of the Notre Dame Law Review. In 1997, she graduated first in her class, which earned her the Hoynes Prize, the Law School's highest honor.[12] Faculty members in Notre Dame Law School advocated strongly on behalf of Barrett, helping her get a clerkship under Laurence Silberman and Antonin Scalia.[13]
Career
Clerkships and private practice
After graduating from law school, Barrett served as a law clerk to Judge Laurence Silberman of the United States Court of Appeals for the District of Columbia Circuit.[14] She then spent a year as a clerk to Associate Justice Antonin Scalia of the Supreme Court of the United States.[14] During both clerkships, she was the only female law clerk.
From 1999 to 2002, she practiced law at Miller, Cassidy, Larroca & Lewin in Washington, D.C.[15][16]
Teaching and scholarship
Barrett served as a visiting associate professor and John M. Olin Fellow in Law at the George Washington University Law School for a year before returning to her alma mater, Notre Dame Law School.[4]
In 2002, Barrett returned to Notre Dame Law School to teach federal courts, constitutional law, and statutory interpretation. Barrett was named a Professor of Law in 2010, and from 2014 to 2017 held the Diane and M.O. Miller Research Chair of Law.[17] Her scholarship focuses on constitutional law, originalism, statutory interpretation, and stare decisis.[12] Her academic work has been published in journals such as the Columbia, Cornell, Virginia, Notre Dame, and Texas law reviews.[4] Some of her most significant publications are Suspension and Delegation, 99 Cornell L. Rev. 251 (2014),[18] Precedent and Jurisprudential Disagreement, 91 Tex. L. Rev. 1711 (2013),[19] The Supervisory Power of the Supreme Court, 106 Colum. L. Rev. 101 (2006),[20] and Stare Decisis and Due Process, 74 U. Colo. L. Rev. 1011 (2003).[21]
At Notre Dame, Barrett received the "distinguished professor of the year" award three times.[4] She taught Constitutional Law, Civil Procedure, Evidence, Federal Courts, Constitutional Theory Seminar, and Statutory Interpretation Seminar.[4] Barrett has continued to teach seminars as a sitting judge.[22]
While a full-time faculty member at Notre Dame, Barrett was affiliated with Faculty for Life, a pro-life group at the school. In 2015, she signed a joint letter to Catholic bishops that affirmed the Church's teachings, including "the value of human life from conception to natural death", and that family and marriage are "founded on the indissoluble commitment of a man and a woman".[23][24]
Federal judicial service
Nomination and confirmation
President Donald Trump nominated Barrett on May 8, 2017, to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge John Daniel Tinder, who took senior status on February 18, 2015.[25][26]
A hearing on Barrett's nomination before the Senate Judiciary Committee was held on September 6, 2017.[27] During Barrett's hearing, Democratic Senator Dianne Feinstein questioned Barrett about whether her Catholic faith would influence her decision-making on the court, because in 1998 Barrett wrote an article in which she argued that Catholic judges should in some cases recuse themselves from death penalty cases due to their moral objections to the death penalty.[28] Worried that Barrett would not uphold Roe v. Wade given her Catholic beliefs, Feinstein followed Barrett's response by saying, "the dogma lives loudly within you, and that is a concern."[29][30][31][32] In response to Feinstein's remark, the conservative Judicial Crisis Network began to sell mugs with Barrett's photo and the Feinstein "dogma" quote.[33] Democratic Senator Dick Durbin asked Barrett whether she was an "orthodox Catholic" and criticized her prior use of the term, saying it "unfairly maligns Catholics who do not hold certain positions about abortion or the death penalty."[34] Feinstein's and Durbin's line of questioning was criticized by some observers and legal experts as engaging in "religious bigotry" and employing an unconstitutional "religious test" for office.[35][36] They were defended by others.[37] The issue prompted questions about the application of Article VI, Section 3 of the U.S. Constitution, which reads: "No religious test shall ever be required as a qualification to any office or public trust under the United States."[38][34][35][36][37] During her hearing, Barrett said, "It is never appropriate for a judge to impose that judge's personal convictions, whether they arise from faith or anywhere else, on the law."[35]
Throughout the hearing, Feinstein and Durbin referred to a law review article she co-wrote with Professor John H. Garvey as a law student. According to Barrett, that "article addressed a very narrow question" of how a "conscientious objector to the death penalty who was a trial judge would proceed if the law required that judge to enter an order of execution." The article concluded that the trial judge should recuse herself instead of entering the order. At the hearing, several Democratic senators pointed to that article to argue that Barrett would be willing to put her faith above her judicial duties. Barrett defended herself by noting that she had participated in many death-penalty appeals while serving as law clerk to Scalia. She also said, "My personal church affiliation or my religious belief would not bear on the discharge of my duties as a judge."[39]
Several Republican senators came to Barrett's defense,[40] including Chuck Grassley, who said, "Professor Barrett is a brilliant legal scholar who has earned the respect of colleagues and students from across the political spectrum. She's also a committed Roman Catholic and has spoken passionately about the role that her faith plays in her life. This isn't inconsistent with being a federal judge."[41]
On October 5, 2017, the Senate Judiciary Committee voted 11–9 on party lines to recommend Barrett and report her nomination to the full Senate.[42][43] On October 30, the Senate invoked cloture by a vote of 54–42.[44] The Senate confirmed her by a vote of 55–43 on October 31, with three Democrats—Joe Donnelly, Tim Kaine, and Joe Manchin—voting for her.[11] She received her commission on November 2.[2]
Notable cases
Title IX
In Doe v. Purdue University, 928 F.3d 652 (7th Cir. 2019), the court, in a decision written by Barrett, reinstated a suit brought by a male Purdue University student (John Doe) who had been found guilty of sexual assault by Purdue University, which resulted in a one-year suspension, loss of his Navy ROTC scholarship, and expulsion from the ROTC affecting his ability to pursue his chosen career in the Navy. Doe alleged the school's Advisory Committee on Equity discriminated against him on the basis of his sex and violated his rights to due process by not interviewing the alleged victim, not allowing him to present evidence in his defense, including an erroneous statement that he confessed to some of the alleged assault, and appearing to believe the victim instead of the accused without hearing from either party or having even read the investigation report. The court found that Doe had adequately alleged that he was deprived of his occupational liberty without due process and that he had possibly been discriminated against on the basis of sex, and remanded to the District Court for further proceedings.[45][46] [47]
Immigration
In Cook County v. Wolf (7th Cir. 2020), Barrett wrote a 40-page dissent, disagreeing with the majority's decision to uphold a preliminary injunction on the Trump administration’s controversial "public charge rule." which heightened the standard for obtaining a green card, creating a wealth test, and has been heavily criticized as causing immigrants to disenroll from government benefits. In her dissent, Barrett argued that disenrollment was caused by confusion surrounding the rule, rather than the rule itself, writing that the vast majority of the people subject to the rule are not eligible for government benefits in the first place. On the merits, Barrett departed from her colleagues, then-Chief Judge Diane Wood and Judge Ilana Rovner, who held that DHS’s interpretation of that provision was unreasonable under Chevron Step Two. Barrett would have held that the new rule fell within the broad scope of discretion granted to the Executive by Congress through the Immigration and Nationality Act.[48] The public charge issue is the subject of a circuit split.[49][50][51][52]
In Yafai v. Pompeo, 924 F.3d 969 (7th Cir. 2019), the court considered a case brought by a Yemeni citizen, Ahmad, and her husband, a U.S. citizen, who challenged a consular officer's decision to twice deny Ahmad's visa application under the Immigration and Nationality Act. Yafai, the U.S. citizen, argued that the denial of his wife's visa application denied constitutional right to live in the United States with his spouse.[53] In an 2-1 majority opinion authored by Barrett, the court held that the plaintiff’s claim was properly dismissed under the doctrine of consular nonreviewability. Barrett declined to address whether the husband had been denied a constitutional right (or whether the constitutional right to live in the United States with his spouse existed at all) because the consular officer's decision to deny Ahmad’s visa application was facially legitimate and bona fide. Following the panel's decision, Yafai filed a petition for rehearing en banc, which was denied. Then-Chief Judge Wood, joined by Judges Rovner and David Hamilton, dissented from the denial of rehearing, raising several arguments for the first time. In response, Barrett, joined by Judge Joel Flaum, wrote a rare opinion concurring in the denial of rehearing en banc.[53][54]
Second Amendment
In Kanter v. Barr, 919 F.3d 437 (7th Cir. 2019), Barrett dissented from the court's holding upholding the law prohibiting convicted felons from possessing firearms. The plaintiffs had been convicted of mail fraud. The majority upheld the felony dispossession statutes as "substantially related to an important government interest in preventing gun violence." In a lengthy dissent, Barrett argued that while the government has a legitimate interest in denying gun possession to felons convicted of violent crimes, there is no evidence that denying guns to non-violent felons promotes this interest, and argued that the law violated the Second Amendment.[55][56]
Fourth Amendment
William Rainsberger v. Charles Benner, 913 F.3d 640 (7th Cir. 2019). Barrett wrote the opinion in a case denying summary judgment and qualified immunity to a police detective who knowingly provided false and misleading information in an affidavit. The plaintiff, Rainsberger, was arrested for his own mother's murder based upon the defendant's falsified records used to secure a warrant for the plaintiff's arrest. The court found the defendant's lies and omissions were material to probably cause a clear violation of the plaintiff's Fourth Amendment rights to which the defendant is not eligible for qualified immunity.[57]
United States v. David Watson, 900 F.3d 892 (7th Cir. 2018). Involved police responding to an anonymous tip that people were "playing with guns" in a parking lot. The police arrived and searched the defendant's vehicle, taking possession of two firearms. In a motion to suppress the firearms from the vehicle search, the court found that the police lacked probable cause to search the vehicle based solely upon the tip, where no crime was actually alleged. Writing for the majority, Barrett opined "the police were right to respond to the anonymous call by coming to the parking lot to determine what was happening. But determining what was happening and immediately seizing people upon arrival are two different things, and the latter was premature…Watson's case presents a close call. But this one falls on the wrong side of the Fourth Amendment."[58]
Civil Procedure & Federal Courts
Casillas v. Madison Ave. Associates, Inc., 926 F.3d 329 (7th Cir. 2019).[59] Casillas brought a class-action lawsuit against Madison Avenue under the Fair Debt Collection Practices Act. She alleged that Madison Avenue failed to comply with the requirements of the FDCPA when it sent her a debt-collection letter that described the FDCPA process for verifying a debt but failed to specify in the letter that she was required to respond in writing to trigger the FDCPA protections. But Casillas had never alleged that she had tried to verify her debt and trigger the statutory protections under the FDCPA—or even that the amount she owed was in any doubt. Thus, following the Supreme Court’s decision in Spokeo v. Robbins, 136 S. Ct. 1540 (2016), the panel held that Casillas had alleged only a “bare procedural violation,” id. at 1549, and could not satisfy Article III’s injury-in-fact requirement. The mere harm of receiving incorrect or incomplete information, Judge Barrett wrote, was insufficiently concrete and could not give rise to an injury in fact. Casillas split from the Sixth Circuit’s decision in Macy v. GC Services Limited Partnership, 897 F.3d 747, 751 (6th Cir. 2018), a case that was virtually identical to Casillas. Then-Chief Judge Wood dissented from the denial of rehearing en banc. Later, the Eleventh Circuit in Trichell v. Midland Credit Management, 964 F.3d 990 (11th Cir. 2020) and the D.C. Circuit in Frank v. Autovest, 961 F.3d 1185 (D.C. Cir. 2020), followed Judge Barrett’s opinion in Casillas.[60][61][62]
Judicial philosophy
Barrett considers herself an originalist. She is a constitutional scholar with expertise in statutory interpretation.[11] Reuters described Barrett as a "a favorite among religious conservatives," and noted that she has voted in favor of expanded gun rights and the Trump administration's anti-immigration policies.[63]
Barrett was law clerk to Justice Antonin Scalia. She has spoken and written of her admiration of his close attention to the text of statutes. She has also praised his adherence to originalism.[64]
Barrett has never ruled directly on a case pertaining to abortion, but she has cast votes signaling opposition to court rulings that struck down abortion restrictions.[65] At a 2013 event reflecting on the 40th anniversary of Roe v. Wade, she described the decision—in Notre Dame Magazine's paraphrase—as "creating through judicial fiat a framework of abortion on demand."[66][67] She also remarked that it was "very unlikely" the court would overturn the core of Roe v. Wade: "The fundamental element, that the woman has a right to choose abortion, will probably stand. The controversy right now is about funding. It's a question of whether abortions will be publicly or privately funded."[68][69]
Potential Supreme Court nomination
Barrett has been on President Donald Trump's list of potential Supreme Court nominees since 2017, almost immediately after her court of appeals confirmation. In July 2018, after Anthony Kennedy's retirement announcement, she was reportedly one of three finalists—and the only woman—Trump considered as Kennedy's successor.[17][70] Trump chose Brett Kavanaugh.[71] Reportedly, although Trump liked Barrett, he was concerned about her lack of experience on the bench.[72] At the time, Barrett had been on the bench for less than a year.
After Kavanaugh's selection, Barrett was expected to "stay in the spotlight" as a possible nominee for a future Supreme Court vacancy.[73] Trump was reportedly "saving" Ruth Bader Ginsburg's seat for Barrett if Ginsburg retired or died during Trump's presidency.[74] Ginsburg died on September 18, 2020, and Barrett was widely mentioned as the front-runner to succeed her.[75][76][77][78]
Personal life
Barrett is married to Jesse M. Barrett, a partner at SouthBank Legal in South Bend, Indiana, and former Assistant U.S. Attorney for the Northern District of Indiana.[79][80] They live in South Bend and have seven children: five biological children and two children adopted from Haiti. Their youngest biological child has special needs.[2][81][82] Barrett is a practicing Roman Catholic,[30] meaning that if she is appointed and confirmed to Ruth Bader Ginsburg’s seat, six of the court’s nine members will be observant Catholics.[83]
In September 2017, The New York Times reported in a controversial[dubious – discuss] article that Barrett was an active member of a small, tightly knit Charismatic Christian group called People of Praise.[84] The article was criticized as misleading and anti-religious.[85][86][87] Founded in South Bend, the group is associated with the Catholic Charismatic Renewal movement; it is ecumenical, but about 90% Catholic.[84][88] Full members are asked to make a "covenant" to the community,[89][84] variously described as a lifelong loyalty oath to each other,[89] or a lifelong commitment to the group.[84] Members are assigned a personal advisor who gives direction on important personal decisions;[89] the advisor is called a "head".[90] The New York Times article[89] incorrectly states that a personal advisor for a woman is called a "woman leader" (formerly "handmaid").[89]
Affiliations and recognition
From 2010 to 2016, Barrett served by appointment of the Chief Justice on the Advisory Committee for the Federal Rules of Appellate Procedure.[4]
Barrett was a member of the Federalist Society from 2005 to 2006, and again from 2014 to 2017.[31][11]
Barrett was invited to be a member of the American Law Institute.[91]
Selected publications
- Amy Coney Barrett, Originalism and Stare Decisis, 92 Notre Dame L. Rev 1921 (2017).[92]
- Amy Coney Barrett & John Copeland Nagle, Congressional Originalism, 19 U. Pa. J. Const. L. 1 (2016).[93]
- Amy Coney Barrett, Countering the Majoritarian Difficulty, 32 Const. Comment. 61 (2017) (Book review for a symposium onOur Republican Constitution).[94]
- Amy Coney Barrett, Suspension and Delegation, 99 Cornell L. Rev. 251 (2014).[18]
- Amy Coney Barrett, Precedent and Jurisprudential Disagreement, 91 Tex. L. Rev. 1711 (2013).[19]
- Amy Coney Barrett, Substantive Canons and Faithful Agency, 90 B.U. L. Rev. 109 (2010).[95]
- Amy Coney Barrett, Introduction: Stare Decisis and Nonjudicial Actors, 83 Notre Dame L. Rev. 1147 (2008).[96]
- Amy Coney Barrett, Procedural Common Law, 94 Virginia L. Rev. 813 (2008).[97]
- Amy Coney Barrett, The Supervisory Power of the Supreme Court, 106 Colum. L. Rev. 101 (2006).[20]
- Amy Coney Barrett, Statutory Stare Decisis in the Courts of Appeals, 73 Geo. Wash. L. Rev. 317 (2005).[98]
- Amy Coney Barrett, Stare Decisis and Due Process, 74 U. Colo. L. Rev. 1011 (2003).[21]
- Amy Coney Barrett & John H. Garvey, Catholic Judges in Capital Cases, 81 Marq. L. Rev. 303 (1998).[99]
See also
- List of law clerks of the Supreme Court of the United States
- Donald Trump judicial appointment controversies
- Donald Trump Supreme Court candidates
References
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{{cite news}}
:|author=
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- ^ Bernick, Evan. "Judge Amy Coney Barrett on Statutory Interpretation: Textualism, Precedent, Judicial Restraint, and the Future of Chevron". Yale Journal on Regulation. Retrieved August 19, 2020.
- ^ a b c d e f "Hon. Amy Coney Barrett". University of Notre Dame. Retrieved August 19, 2020.
- ^ Wolf, Richard. Notre Dame's Amy Coney Barrett likely a front-runner for Supreme Court vacancy, South Bend Tribune, September 19, 2020. Retrieved September 19, 2020.
- ^ Lloyd, Alice B. (July 6, 2018). "Former Law Students Praise Amy Coney Barrett". The Weekly Standard. Retrieved July 9, 2018.
Students, being familiar with her scholarship and lectures, knew her to be a consistent textualist and originalist.
- ^ Simon, Abigail (July 3, 2018). "These Are Trump's Candidates for the Supreme Court". Time. Retrieved July 9, 2018.
Coney Barrett has written extensively about Constitutional originalism, a legal tradition that advocates for an interpretation of the Constitution based on the meaning it would have had at the time it was written.
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- ^ a b Barrett, Amy Coney (2013). "Precedent and Jurisprudential Disagreement" (PDF). Texas Law Review. 91: 1711–1737.
- ^ a b Barrett, Amy Coney (2006). "The Supervisory Power of the Supreme Court". Columbia Law Review. 106: 324–387.
- ^ a b Barrett, Amy Coney (2003). "Stare Decisis and Due Process". U. Colo. L. Rev. 74: 1011–1074.
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- ^ "Class Notes: Class of 1996". Notre Dame Magazine. Winter 2012–2013. Archived from the original on March 29, 2013. Retrieved May 8, 2017.
- ^ "SouthBank Legal". southbank.legal. Retrieved August 8, 2020.
- ^ "Senate Violated A Constitution Ban". Clarion Herald. September 19, 2017. Archived from the original on June 30, 2018. Retrieved July 3, 2018.
- ^ Desmond, Joan (July 2, 2018). "Will This Catholic Jurist Be the Newest Supreme Court Justice?". National Catholic Register. Retrieved July 3, 2018.
- ^ app://www.americamagazine.org/politics-society/2018/07/18/why-do-catholics-make-majority-supreme-court
- ^ a b c d Jeff Parrott, Supreme Court opening shines spotlight on local religious group People of Praise, South Bend Tribune (July 15, 2018).
- ^ Charen, Mona (July 5, 2018). "Amy Coney Barrett's 'Cult'". National Review. Retrieved September 21, 2020.
- ^ French, David (July 2, 2018). "Progressives Deploy Religious Ignorance and Bigotry to Stop Amy Coney Barrett". National Review.
- ^ Walther, Matthew (July 2, 2018). "Amy Barrett for the Supreme Court". The Week.
- ^ Adam Thorp, 6 things to know about 'People of Praise' and Judge Amy Coney Barrett (July 5, 2018).
- ^ a b c d e Goodstein, Laurie (September 28, 2017). "Some Worry About Judicial Nominee's Ties to a Religious Group". The New York Times. Retrieved September 19, 2020.
- ^ Connolly, Sean (July 11, 2018). "The People of Praise Responds to Recent Press". People of Praise News Blog.
- ^ Institute, The American Law. "Members". American Law Institute. Retrieved August 5, 2020.
- ^ Barrett, Amy Coney (2017). "Originalism and Stare Decisis". Notre Dame Law Review. 92: 1921–1944.
- ^ Barrett, Amy Coney; Nagle, John Copeland (2016). "Congressional Originalism". University of Pennsylvania Journal of Constitutional Law. 19: 1–44.
- ^ Barrett, Amy Coney (2017). "Countering the Majoritarian Difficulty [review]". Constitutional Commentary. 32: 61–84.
- ^ Barrett, Amy Coney (2010). "Substantive Canons and Faithful Agency" (PDF). B.U. L. Rev.: 109–182.
- ^ Barrett, Amy Coney (2008). "Introduction [Symposium: Stare Decisis and Nonjudicial Actors]". Notre Dame Law Review. 83: 1147–1172.
- ^ Barrett, Amy Coney (2008). "Procedural Common Law" (PDF). Virginia Law Review. 94: 813–888.
- ^ Barrett, Amy Coney (2005). "Statutory Stare Decisis in the Courts of Appeals". The George Washington Law Review. 73: 317–352.
- ^ Barrett, Amy Coney; Garvey, John H. (1998). "Catholic Judges in Capital Cases". Marquette Law Review. 81: 303.
External links
- Amy Coney Barrett at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- Amy Coney Barrett at Ballotpedia
- Appearances on C-SPAN
- Amy Coney Barrett publications indexed by the Scopus bibliographic database. (subscription required)
- Selected Works of Amy Comey Barrett by the Notre Dame Law School
- Law schools play prominently in Trump's judicial nominations, law.com; accessed May 2, 2018. (registration required)
- Questionnaire for Judicial Nominees for the United States Senate Committee on the Judiciary
- Contributor profile from the Federalist Society
- Profile at Notre Dame Law School
- 1972 births
- Living people
- 20th-century American lawyers
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- Federalist Society members
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- Notre Dame Law School alumni
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- 20th-century American women lawyers
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