Normal People Don't Care About Republican Infighting
SCHUMER SHUTDOWN SALE: FINAL HOURS! The Dems Caved, Don't Miss Out!
Did This Senator Say the Quiet Part Out Loud About Why the Schumer...
What These Commanders Fans Did to Trump on Sunday Was Disgusting
Hakeem Jeffries and Bernie Sanders' Reaction to Shutdown Deal Says Everything
You're Will Love What Happened to These Executives After BBC Was Caught Doctoring...
This Is What Trump Had to Say to Air Traffic Controllers Who Stayed...
Supreme Court Just Made a Huge Decision on Same-Sex Marriage
Three Young Muslim Women Arrested for Plotting Paris Terror Attacks
'Insanely Irresponsible:' Scott Jennings Blasts Democrats' Over 'Purely Political' Schumer...
Here's the New Narrative Forming Around the Senate Deal to End the Schumer...
Chris Murphy Laments the End of the Schumer Shutdown
Georgia Police Officer Under Investigation for 'Misgendering' a Man Using Library's Women'...
President Trump Pardons Rudy Giuliani and Others Accused of Trying to Overturn 2020...
Forty Days Wasted
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