Support Democrats’ Right to Speak Freely and Make Damn Fools of Themselves
Comedy Always Evolves, and Colbert Almost Killed It
John Brennan Plays the 'Nazi Card' While FBI Turns Up the Heat
Remember the McCloskeys? The Government Finally Gave Back What it Stole From Them.
The VP Harris Post-Mortem on Stephen Colbert (Yes, Kamala, the System Worked)
Trump’s Tariff Triumph
The Biggest Losetit
It’s Time for Independence for Biafra Free From Nigerian Control
Democrats Are in Disastrous Shape As Midterms Loom
Has Pressure on Advertisers to Leave X Hurt the Right’s Only Major Free...
Understanding Transgender Surgery
Kash Patel Uncovers Burn Bags and Buried Truths, Deep State Scrambles to Hide...
Democrat Calls Lawbreakers 'Long-Term Residents' in Stunning Display of Border Amnesia
America First, Big Pharma Last: Trump Orders Drug Prices Slashed to Lowest Global...
California Homeowners Take Up Arms as Crime Surges Under Newsom, Bass
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