Oh, So That's Why DOJ Isn't Going After Pro-Terrorism Agitators
The UN Endorses a Second Terrorist State for Iran
Biden Administration Hurls Israel Under the Bus Again
Israeli Ambassador Shreds the U.N. Charter in Powerful Speech Before Vote to Grant...
New Single Article of Impeachment Filed Against Biden
New Report Details How Dems Are Planning to Minimize Risk of Pro-Hamas Disruptions...
The Long Haul of Love
Trump Addresses the Very Real Chance of Him Going to Jail
Yes, Jen Psaki Really Said This About Biden Cutting Off Weapons Supply to...
3,000 Fulton County Ballots Were Scanned Twice During the 2020 Election Recount
Joe Biden's Weapons 'Pause' Will Get More Israeli Soldiers, Civilians Killed
Left-Wing Mayor Hires Drag Queen to Spearhead 'Transgender Initiatives'
NewsNation Border Patrol Ride Along Sees Arrest of Illegal Immigrants in Illustration of...
One State Just Cut Off Funding for Planned Parenthood
Vulnerable Democratic Senators Refuse to Support Commonsense Pro-Life Bill
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