Amy Coney Barrett
Amy Coney Barrett | |
---|---|
Associate Justice of the Supreme Court of the United States | |
Assumed office October 27, 2020 | |
Appointed by | Donald Trump |
Preceded by | Ruth Bader Ginsburg |
Judge of the United States Court of Appeals for the Seventh Circuit | |
In office November 2, 2017 – October 26, 2020 | |
Appointed by | Donald Trump |
Preceded by | John Daniel Tinder |
Succeeded by | Thomas Kirsch |
Personal details | |
Born | Amy Vivian Coney January 28, 1972 New Orleans, Louisiana, U.S. |
Spouse |
Jesse Barrett (m. 1999) |
Children | 7 |
Education | Rhodes College (BA) University of Notre Dame (JD) |
Signature | |
Amy Vivian Coney Barrett (born January 28, 1972) is an American lawyer and jurist who serves as an
Barrett graduated from Rhodes College before attending Notre Dame Law School, earning a J.D. in 1997 ranked first in her class. She then clerked for Judge Laurence Silberman and Justice Antonin Scalia. In 2002, Barrett joined the faculty at Notre Dame Law School, becoming a professor in 2010. While serving on the federal bench, she has continued to teach civil procedure, constitutional law, and statutory interpretation.[2][3][4][5]
On September 26, 2020, Trump nominated Barrett to succeed
Described as a protégée of Justice Antonin Scalia,[11][12][13] Barrett supports textualism in statutory interpretation and originalism in constitutional interpretation.[14][15][16] She is generally considered to be among the Court's conservative bloc.
Early life and education
Amy Vivian Coney was born in 1972 in
After high school, Barrett attended Rhodes College in Memphis, Tennessee, where she majored in English literature and minored in French. She graduated in 1994 with a Bachelor of Arts, magna cum laude, and was inducted into Omicron Delta Kappa and Phi Beta Kappa.[26] In her graduating class, she was named most outstanding English department graduate.[27] Barrett then attended Notre Dame Law School on a full-tuition scholarship. She was an executive editor of the Notre Dame Law Review and graduated in 1997 with a Juris Doctor, summa cum laude, ranked first in her class.[27][28]
Legal career
Clerkships and private practice
Barrett spent two years as a judicial
From 1999 to 2002, Barrett practiced law at Miller Cassidy Larroca & Lewin, a
Teaching and scholarship
In 2001, Barrett was a visiting associate professor and John M. Olin Fellow in Law at George Washington University Law School. In 2002, she joined the faculty of her alma mater, Notre Dame Law School.[33] At Notre Dame, she taught federal courts, evidence, constitutional law, and statutory interpretation. In 2007, she was a visiting professor at the University of Virginia School of Law.[34] Barrett was named a professor of law at Notre Dame in 2010, and from 2014 to 2017 held Notre Dame's Diane and M.O. Miller II Research Chair of Law.[35] Her scholarship focused on constitutional law, originalism, statutory interpretation, and stare decisis.[27] Her academic work has been published in the Columbia, Cornell, Virginia, Notre Dame Law Review, and Texas law reviews.[33]
At Notre Dame, Barrett received the "Distinguished Professor of the Year" award three times.[33] From 2011 to 2016, she spoke on constitutional law at Blackstone Legal Fellowship, a summer program for law school students that the Alliance Defending Freedom established to inspire a "distinctly Christian worldview in every area of law".[36] While serving on the Seventh Circuit, Barrett commuted between Chicago and South Bend, continuing to teach courses on statutory interpretation and constitutional theory.[37][38]
In 2010, Chief Justice John Roberts appointed Barrett to serve on the Advisory Committee for the Federal Rules of Appellate Procedure.[33]
Seventh Circuit Court of Appeals (2017–2020)
Nomination and confirmation
On May 8, 2017, President
The hearing made Barrett popular with religious conservatives.
Barrett's nomination was supported by every law clerk she had worked with and all of her 49 faculty colleagues at Notre Dame Law school. 450 former students signed a letter to the Senate Judiciary Committee supporting her nomination.[53][54]
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.[55][56] On October 30, the Senate invoked cloture by a vote of 54–42.[57] It confirmed her by a vote of 55–43 on October 31, with three Democrats—Joe Donnelly, Tim Kaine, and Joe Manchin—voting for her.[26] She received her commission two days later.[2] Barrett is the first and only woman to occupy an Indiana seat on the Seventh Circuit.[58]
Selected cases
On the Seventh Circuit, Barrett wrote 79 majority opinions (including two that were amended and one that was withdrawn on rehearing), four concurring opinions (one a per curiam opinion), and six dissenting opinions (six published and one in an unpublished order).[34]
Title IX of the Education Amendments of 1972
In June 2019, the court, in a unanimous decision written by Barrett, reinstated a suit brought by a male
Employment discrimination
In 2017, the Seventh Circuit rejected the federal government's appeal in a civil lawsuit against
In 2019, Barrett wrote the unanimous three-judge panel opinion affirming summary judgment in the case of Smith v. Illinois Department of Transportation. Smith was a Black employee who claimed
Immigration
In June 2020, Barrett wrote a 40-page dissent when the majority upheld a preliminary injunction against the Trump administration's controversial "
In May 2019, the court rejected a Yemeni citizen and her U.S. citizen husband's challenge to a consular officer's decision to twice deny her visa application under the Immigration and Nationality Act. The U.S. citizen argued that this had deprived him of a constitutional right to live in the United States with his spouse.[69] In a 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 the visa application was facially legitimate and bona fide, and under Supreme Court precedent, in such a case courts will not "look behind the exercise of that discretion". The dispute concerned what it takes to satisfy this standard. A petition for rehearing en banc was denied, with Chief Judge Wood, joined by Rovner and Hamilton, dissenting. Barrett wrote a rare opinion concurring in the denial of rehearing en banc (joined by Judge Joel Flaum).[69][70]
Barrett had never ruled directly on
In February 2019, Barrett joined a unanimous panel decision upholding a Chicago "bubble ordinance" that prohibits approaching within a certain distance of an abortion clinic or its patrons without consent.[73][74] Citing the Supreme Court's buffer zone decision in Hill v. Colorado, the court rejected the plaintiffs' challenge to the ordinance on First Amendment grounds.[75]
Second Amendment
In March 2019, Barrett dissented when the court upheld the federal law prohibiting felons from possessing firearms.
Criminal procedure
In May 2018, Barrett dissented when the panel majority found that an accused murderer's right to counsel was violated when the state trial judge directly questioned the accused while forbidding his attorney from speaking.[79] Following rehearing en banc, a majority of the circuit's judges agreed with her position.[80]
In August 2018, Barrett wrote for a unanimous panel when it determined that the police had lacked probable cause to search a vehicle based solely upon an anonymous tip that people were "playing with guns", because no crime had been alleged.[81] Barrett distinguished Navarette v. California and wrote, "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."[82]
In February 2019, Barrett wrote for a unanimous panel when it found that police officers had been unreasonable to assume "that a woman who answers the door in a bathrobe has authority to
Qualified immunity
In January 2019, Barrett wrote for a unanimous panel when it denied qualified immunity to a civil lawsuit sought by a defendant who as a homicide detective had knowingly provided false and misleading information in the probable cause affidavit that was used to obtain an arrest warrant for the plaintiff.[85] (The charges were later dropped and the plaintiff was released.) The court found the defendant's lies and omissions violated "clearly established law" and the plaintiff's Fourth Amendment rights and thus the detective was not shielded by qualified immunity.[86]
In Howard v. Koeller (7th Cir. 2018), in an unsigned order by a three-judge panel that included Barrett, the court found that qualified immunity did not protect a prison officer who had labeled a prisoner a "
Environment
In Orchard Hill Building Co. v. U.S. Army Corps of Engineers, 893 F.3d 1017 (7th Cir. 2018), Barrett joined a unanimous panel decision, written by Judge
Consumer protection
In June 2018, Barrett wrote for the unanimous panel when it found that a plaintiff could not sue Teva Pharmaceuticals for alleged defects in her IUD due to the lack of supportive expert testimony, writing, "the issue of causation in her case is not obvious."[92][93][94]
In early September 2020, Barrett joined Wood's opinion upholding the district court's denial of the Illinois Republican Party's request for a preliminary injunction to block Governor J. B. Pritzker's COVID-19 orders.[29][95] On August 12, 2021, she rejected a challenge to Indiana University's vaccine mandate, marking the first legal test of COVID-19 vaccine mandates before the Supreme Court of the United States.[96]
Civil procedure and standing
In June 2019, Barrett wrote for the unanimous panel when it found that the
In August 2020, Barrett wrote for the unanimous panel when it held that a Teamsters local did not have standing to appeal an order in the Shakman case because it was not formally a party to the case.[101] The union had not intervened in the action, but rather merely submitted a memorandum in the district court opposing a motion, which the Seventh Circuit determined was insufficient to give the union a right to appeal.[102]
Nomination to the Supreme Court
Barrett was on Trump's list of potential Supreme Court nominees since 2017, almost immediately after her court of appeals confirmation.[103] In July 2018, after Justice Anthony Kennedy's retirement announcement, she was reportedly one of three finalists Trump considered, along with Kavanaugh and Judge Raymond Kethledge.[35][104][105]
After Kavanaugh's selection in 2018, Barrett was viewed as a possible nominee for a future U.S. Supreme Court vacancy.[106] After the death of Associate Justice Ruth Bader Ginsburg on September 18, 2020, Barrett was widely mentioned as the front-runner to succeed her.[107] On September 26, 2020, Trump announced his intention to nominate Barrett to fill the vacancy created by Ginsburg's death.[7][108]
Barrett's nomination was generally supported by Republicans, who sought to confirm her before the 2020 United States presidential election.[109] She was a favorite among the Christian right and social conservatives.[71][110][111] Democrats generally opposed the nomination, and were opposed to filling the court vacancy while election voting was already underway in many states.[109] Many observers were angered by the move to fill the vacancy only four months before the end of Trump's term, as the Senate Republican majority had refused to consider President Barack Obama's nomination of Merrick Garland in 2016, more than ten months before the end of his presidency.[109][112][113]
In October, the American Bar Association rated Barrett "well qualified" for the Supreme Court opening, its highest rating.[114] The ABA confines its evaluation to the qualities of "integrity, professional competence, and judicial temperament".[115] Barrett's nomination came during a White House COVID-19 outbreak. On October 5, Senator Lindsey Graham formally scheduled the confirmation hearing,[116] which began on October 12 as planned and lasted four days.[117][118] On October 22, the Judiciary Committee reported her confirmation favorably by a 12–0 vote, with all 10 Democrats boycotting the committee meeting.[119][120] On October 25, the Senate voted mostly along party lines to end debate on the confirmation.[121] On October 26, the Senate confirmed Barrett to the Supreme Court by a vote of 52–48, 30 days after her nomination and 8 days before the 2020 presidential election. Every Republican senator except Susan Collins voted to confirm her, whereas every member of the Senate Democratic Caucus[122] voted in opposition.[123] Barrett is the first justice since 1870 to be confirmed without a single vote from the Senate minority party.[124][125]
The nature of her appointment was criticized by numerous Democratic politicians; Senate minority leader
U.S. Supreme Court (2020–present)
Barrett became the 103rd associate justice of the Supreme Court of the United States on October 27, 2020. On the evening of the confirmation vote, Trump hosted a swearing-in ceremony at the White House. As Barrett requested, Justice Clarence Thomas administered the oath of office to her,[125][127][128] the first of two necessary oaths. She took the judicial oath, administered by Chief Justice John Roberts, the next day.[129]
Upon joining the Court, Barrett became the only justice who did not receive their Juris Doctor from Harvard or Yale.[130] She is also the first justice without an Ivy League degree since the 2010 retirement of John Paul Stevens (who graduated from the University of Chicago and Northwestern University School of Law) and the first to be appointed since Sandra Day O'Connor, who graduated from Stanford University and Stanford Law School.[131] She is the first graduate of Notre Dame Law School and the first former member of the Notre Dame faculty to serve on the Supreme Court.[132]
Barrett uses her maiden and married surnames in public. She has chosen to be called "Justice Barrett" in written orders and opinions of the court,[133] as she did as a Seventh Circuit judge.[134]
Circuit assignment
In November 2020, Barrett was assigned to the Seventh Circuit.[135] This assignment's duties include responding to emergency applications to the Court that arise from the circuit's jurisdiction, either by herself or else by referring them to the full Court for review.[135][136]
Early oral argument participation
Having hired her allotted four law clerks, Barrett took part in her first oral argument on November 2, hearing the case U.S. Fish and Wildlife Service v. Sierra Club.[137][138]
On November 4, the Court heard
First votes as a justice
On November 26, 2020, Barrett joined the Supreme Court's majority in Roman Catholic Diocese of Brooklyn v. Cuomo,
Barrett delivered her first concurring opinion on February 5, 2021, in the case South Bay United Pentecostal Church v. Newsom.[154][155]
Abortion
In September 2021, Barrett joined the majority, in a 5–4 vote, to reject a petition to temporarily block a Texas law banning abortion after six weeks of pregnancy; Thomas, Alito, Gorsuch, and Kavanaugh joined her in the majority.[156]
In June 2022, Barrett joined with the same majority in
Capital punishment
In January 2022, the Supreme Court voted to allow the execution of an inmate to proceed in Alabama; the case was decided by a 5–4 vote, with Barrett joining Breyer, Sotomayor, and Kagan in dissent.[158]
Environmental policy
Barrett wrote her first majority opinion in United States Fish and Wildlife Service v. Sierra Club, which was decided on March 4, 2021.[154][159][160] Traditionally the first opinion delivered by a new justice reflects the opinion of a unanimous court, but not always. While Gorsuch and Kavanaugh wrote unanimous first opinions, Barrett, like her predecessor Justice Ginsburg, wrote an opinion for a divided court.[154][161][162]
Although Barrett ruled against environmentalists in March, she voted against oil refineries in her first dissent, Hollyfrontier Cheyenne Refining v. Renewable Fuels Association.[163]
LGBT rights and issues
In June 2021, Barrett joined a unanimous decision in
Vaccine requirements
Barrett wrote a concurring opinion in Does v. Mills, a case challenging Maine's vaccine requirement for health care workers. She was in the majority in the 6–3 decision to deny a stay of the vaccine requirement, explaining that the case had not been fully briefed or argued.[173]
Judicial philosophy, academic writings, speeches, and political views
This article is part of a series on |
Conservatism in the United States |
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Many of Barrett's academic writings are about a professed imperative that jurists limit their work to determining the meanings of constitutional and statutory texts, reconciling these meanings with Supreme Court precedent, and using such precedent to mediate among various jurisprudential philosophies.[174]
According to an analysis by
Textualism and originalism
Barrett is considered a
Textualism, Barrett says, requires that judges construe statutory language consistent with its "ordinary meaning": "The law is comprised of words—and textualists emphasize that words mean what they say, not what a judge thinks that they ought to say." According to Barrett, "Textualism stands in contrast to
Barrett clerked for Justice Antonin Scalia, and has spoken and written of her admiration of his
According to Barrett, textualists believe that when a court interprets the words of statutes, it should use the most natural meaning of those words to an ordinary skilled user of words at the time, even if the court believes that the legislature intended that the words be understood in a different sense. If the legislature wishes the words of a statute to carry a meaning different from how a non-legislator would understand them, it is free to define the terms in the statute. As Scalia put it, "[A]ll we can know is that [the legislature] voted for a text that they presumably thought would be read the same way any reasonable English speaker would read it." Scalia insisted that "it is simply incompatible with democratic government, or indeed, even with fair government, to have the meaning of a law determined by what the lawgiver meant, rather than by what the lawmaker promulgated."[193][194]
Barrett has been critical of legal process theory, which gives a more expansive role to theory in shaping the interpretation of law than do textualism and originalism.[193][194] She said that one example of the "process-based" approach can be found in King v. Burwell, in which the Supreme Court, for reasons related to the unorthodox legislative process that produced the Affordable Care Act, interpreted the phrase "Exchange established by the State" to mean "Exchange established by the State or the federal government."[194]
Suspension of habeas corpus
In a journal article, "Suspension and Delegation",[195] Barrett noted that constitutionally only Congress has the authority to decide the terms under which habeas corpus may be legitimately suspended.[196] In all but one of the previous suspensions of habeas corpus, Barrett thought that Congress violated the Constitution "by enacting a suspension statute before an invasion or rebellion occurred—and in some instances, before one was even on the horizon."[80][195] In an educational essay, she sided with the dissenters in Boumediene v. Bush after considering historical factors.[197]
Precedent
At her 2017 Senate confirmation hearing for the 7th Circuit Court of Appeals, Barrett said she would follow Supreme Court precedent while on the appellate bench. In 2020, during her nomination acceptance speech at the White House Rose Garden, Barrett said, "Judges are not policymakers, and they must be resolute in setting aside any policy views they might hold";[198][199] she also said judges "must apply the law as written".[200][201] She explained her view of precedent in response to questions at the hearing.[202]
In a 2013 article in the Texas Law Review on the doctrine of
Concerning the relationship of textualism to precedent, Barrett said, "It makes sense that one committed to a textualist theory would more often find precedent in conflict with her interpretation of the Constitution than would one who takes a more flexible, all-things-considered approach."[203] She referenced a study by Michael Gerhardt which found that, as of 1994, no two justices in that century had called for overruling more precedents than Justices Scalia and Hugo Black, both of whom were textualists, even though Black was a liberal and Scalia a conservative. Gerhardt also found that during the Rehnquist Court's last 11 years, the average number of times a justice called for the overruling of precedent was higher for textualist justices, with one per year coming from Ginsburg (non-textualist) up to just over two per year from Thomas (textualist). Gerhardt wrote that not all the calls for overruling were related to textualism issues, and that one must be careful in the inferences one draws from the numbers, which "do not indicate either why or on what basis the justices urged overruling."[203]
Affordable Care Act
In 2012, Barrett signed a letter criticizing the Obama administration's approach to providing employees of religious institutions with birth control coverage without having the religious institutions pay for it, calling it an "assault" to religious liberty.[205]
Barrett has been critical of the majority opinion written by Chief Justice John Roberts in
Abortion
Barrett
Personal life
In 1999, Barrett married fellow Notre Dame Law School graduate Jesse M. Barrett, a partner at SouthBank Legal – LaDue Curran & Kuehn LLC, in South Bend, Indiana,[214] and a law professor at Notre Dame Law School.[215] Previously, Jesse Barrett had worked as an Assistant U.S. Attorney for the Northern District of Indiana for 13 years.[216] The couple live in South Bend and have seven children, two of whom were adopted from Haiti, one in 2005 and one after the 2010 Haiti earthquake.[31][217] Their youngest biological child has Down syndrome.[218]
Barrett is a practicing Catholic.
According to Politico, "a copy of Barrett's ballot history from the Indiana Statewide Voter Registration System obtained by POLITICO [shows] Barrett voted in the 2016 and 2018 general elections, and the 2016 Republican primary, though she pulled a Democratic ballot in the 2011 primary."[37]
Affiliations
Barrett was a member of the Federalist Society from 2005 to 2006 and from 2014 to 2017.[47][26][28] She is a member of the American Law Institute.[226]
Selected scholarly works
- Amy Coney Barrett; John H. Garvey (1998). "Catholic Judges in Capital Cases". Marquette Law Review. 81: 303–350.
- Barrett (2003). "Stare Decisis and Due Process". University of Colorado Law Review. 74: 1011–1074.
- Barrett (2005). "Statutory Stare Decisis in the Courts of Appeals". The George Washington Law Review. 73: 317–352.
- Barrett (2006). "The Supervisory Power of the Supreme Court". JSTOR 4099494.
- Barrett (2008). "Procedural Common Law" (PDF). JSTOR 25470574. Archived from the original(PDF) on September 24, 2020. Retrieved August 8, 2020.
- Barrett (2010). "Substantive Canons and Faithful Agency" (PDF). Boston University Law Review. 90: 109–182.
- Barrett (2013). "Precedent and Jurisprudential Disagreement" (PDF). Texas Law Review. 91: 1711–1737.
- Barrett (2014). "Suspension and Delegation". Cornell Law Review. 99: 251–326.
- Barrett; John Copeland Nagle (2016). "Congressional Originalism". University of Pennsylvania Journal of Constitutional Law. 19: 1–44.
- Barrett (2017). "Originalism and Stare Decisis". Notre Dame Law Review. 92: 1921–1944.
- Barrett (2017). "Congressional Insiders and Outsiders". JSTOR 45063672.
See also
- Donald Trump Supreme Court candidates
- List of federal judges appointed by Donald Trump
- List of law clerks of the Supreme Court of the United States (Seat 9)
- White House COVID-19 outbreak, at a ceremony for Barrett's nomination
References
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- ^ Dias, Elizabeth; Liptak, Adam (September 21, 2020). "Who is Judge Amy Coney Barrett? What to know about the leading contender to replace Justice Ruth Bader Ginsburg". The New York Times. Retrieved October 3, 2020 – via Boston.com.
- ^ Escobar, Allyson (September 21, 2020). "Why do Catholics make up a majority of the Supreme Court?". America: The Jesuit Review. Archived from the original on September 22, 2020. Retrieved November 13, 2020.
- ^ Boorstein, Michelle (October 16, 2020). "Amy Coney Barrett's People of Praise faith group has had a complicated relationship to Catholicism". The Washington Post. Archived from the original on October 18, 2020. Retrieved October 18, 2020.
- ^ a b Parrott, Jeff (July 15, 2018). "Supreme Court opening shines spotlight on local religious group People of Praise". South Bend Tribune. Archived from the original on September 25, 2020.
- ^ Roberts, Judy (September 25, 2020). "The People of Praise Community: What It Actually Is". National Catholic Register. Archived from the original on September 27, 2020. Retrieved September 28, 2020.
- ^ a b Thorp, Adam (July 5, 2018). "6 things to know about 'People of Praise' and Judge Amy Coney Barrett". Chicago Sun-Times. Archived from the original on September 20, 2020. Retrieved November 13, 2020.
- ^ "High court nominee served as 'handmaid' in religious group". Associated Press. October 7, 2020. Archived from the original on October 8, 2020. Retrieved October 8, 2020.
- ^ Brown, Emma; Swaine, Jon; Boorstein, Michelle. "Amy Coney Barrett served as a 'handmaid' in Christian group People of Praise". The Washington Post. Archived from the original on October 7, 2020. Retrieved October 7, 2020.
- ^ "Members". American Law Institute. Archived from the original on October 16, 2019. Retrieved August 5, 2020.
Further reading
- United States Senate Committee on the Judiciary, Questionnaire for the Nominee to the Court of Appeals for Amy Coney Barrett 115th Cong., 1st Sess., September 2017
- ———, Questionnaire for the Nominee to the Supreme Court for Amy Coney Barrett, 116th Cong., 2nd Sess., September 2020
- Congressional Research Service Legal Sidebar LSB10540, President Trump Nominates Judge Amy Coney Barrett: Initial Observations, by Victoria L. Killion (September 28, 2020)
- ——— Legal Sidebar LSB10539, Judge Amy Coney Barrett: Selected Primary Material, Coordinated by Julia Taylor (September 28, 2020)
- ——— Report R46562, Judge Amy Coney Barrett: Her Jurisprudence and Potential Impact on the Supreme Court, Coordinated by Valerie C. Brannon, Michael John Garcia, and Caitlain Devereaux Lewis (October 6, 2020)
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 Resources on Amy Coney Barrett from the Law Library of Congress
- Nomination Research Guide from the Georgetown University Law Center library
- Profile Archived April 2, 2019, at the Wayback Machine at Notre Dame Law School
- Official Curriculum vitae by Notre Dame Law School
- The Suspension Clause by Amy Barrett and Neal K. Katyal in the National Constitution Center Interactive Constitution
- Selected works of Amy Barrett, University of Notre Dame: The Law School. Retrieved September 28, 2020