JD Vance Had the Perfect Response to This Question By CBS News' Margaret...
Trump's Border Czar Shuts Down the Bleeding Heart Antics on Immigration By This...
This Is Exactly How I Want These DOJ Prosecutors to Feel After Trump's...
Week One Into Trump's Second Presidency Showed the Media Couldn't Let January 6...
White People, You are Responsible for High Egg Prices
Feds Round Up Dozens of Tren de Aragua Members in Colorado Raid
Trump to Sign Executive Order Reinstating Service Members Kicked Out of Military Over...
Presidential Approval Poll Has an Interesting Finding When It Comes to Race
Politicians Say It Was a 'Disgusting Miscarriage of Justice' for Biden to Grant...
Charlie Kirk: Vivek Ramaswamy For Governor of Ohio
This Teacher Says He's OK with ICE Raiding His School
'A Disruptor': JD Vance Weighs In on Pete Hegseth's Confirmation
Are EU Appeasers Trying to Hinder Trump on Iran?
Monsters Everywhere
Catholic Bishops Came Out Against Trump's Illegal Immigration Policies. Here's How JD Vanc...
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