Trump Publishes New Details About Retaking the Panama Canal
Post-Assad Syrian Christians Rise Up to Celebrate Christmas
Since When Did We Republicans Start Being Against Punishing Criminals?
Taking Another Look At ‘Die Hard’
Former Democratic Presidential Candidate Throws Hat in Ring for DNC Chair
Russia Blamed for Devastating Airline Crash That Killed 38 Passengers Near Ukraine
Protecting the Lives of Murderers, but Not Babies
Wishing for Santa-Like Efficiency in the USA
Texas Woman Arrested and Charged After Authorities Made This Horrifying Discovery
Man Arrested for Attempted Murder After Plowing Car Through Group of People on...
Bill Maher: 'This Is What I F***ing Hate About the Left'
Remember the Man Accused of Murdering Four University of Idaho Students? Well...
Russia Launched an ‘Inhumane’ Christmas Day Attack on Ukraine
Celebrating the Miracle of Redemption
A Letter to Jesus
Tipsheet

ACB Triggers the Left Over Response to Whether Roe Is Super Precedent

Brendan Smialowsi/Pool via AP

Senators posed many questions to Judge Amy Coney Barrett about abortion on Tuesday, but it was during an exchange with Sen. Amy Klobuchar that the Supreme Court nominee gave a response that has liberals worried. 

Advertisement

Klobuchar asked Barrett whether she considers Roe v. Wade a “super precedent.”

The judge went on to define that as when a case is “so well-settled that no political actors and no people seriously push for their overruling.”

As she pointed out during the exchange, these are cases like Brown v. Board of Education and Marbury v. Madison.

“I'm answering a lot of question about Roe, which I think indicates Roe doesn't fall in that category,” she continued. “Scholars across the spectrum say that doesn’t mean that Roe should be overruled but descriptively it does mean that it’s not a case that everyone has accepted and doesn’t call for its overruling." 

She noted that super precedent is an academic term developed by those who are "certainly not conservative scholars" and "take a more progressive approach to the Constitution."

Harvard Law professor Richard Fallon has said it does not fit into the category of being a super precedent because “calls for its overruling have never ceased," she said.

“That doesn’t mean that Roe should be overruled,” Barrett added. “It just means that it doesn’t fall in the small handful of cases … that no one questions anymore.”

Advertisement

The Left (and Never Trumpers) saw her response as a warning sign.

Join the conversation as a VIP Member

Recommended

Trending on Townhall Videos

Advertisement
Advertisement
Advertisement