It's Official: Peter Navarro Is Back for the Second Trump Term
Tom Homan Ups the Ante in Verbal War With Sanctuary City Mayors
Trump Called Pete Hegseth. Here's What He Told Him.
Judge in Hunter Biden's Tax Case Takes a Blowtorch to His Pardon
CNN's Elie Honig Had the Perfect Line for Hunter Biden's Pardon
McConnell Sounds Off on Two Federal Judges Who Reversed Retirement Plans After Trump...
UnitedHealthcare CEO Fatally Shot in NYC
The Final House Race Has Been Called
Tucker Carlson Is Back in Moscow. Here's Why.
Here's What You Need to Know About the First-Ever SCOTUS Case on the...
Voter Turnout Was High, and Even Higher Participation Would Have Increased Trump's Victory...
Fani Willis in Legal Trouble Again
Republicans Still Don't Get It
The Looming Resistance to Donald Trump’s Immigration Agenda
Jill Biden’s Christmas Circus: A Confusing End to a Crummy Four Years
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