Updated: Oct 20, 2020
Supreme Court nominee Amy Coney Barrett said during her confirmation hearings on Tuesday that she doesn’t view the Roe v. Wade decision as a “super-precedent” that can’t be overturned.
She said that decision to make abortion on demand legal nationwide is simply not in the same category as other major decisions
For example, Judge Barrett says Roe is not in same category as the Supreme Court’s 1954 Brown v. Board of Education ruling, which declared segregated public schools unconstitutional.
Barrett noted that unlike Brown v. Board, there is still much debate about whether Roe is legitimate. "It’s “not a case that’s universally accepted,” Barrett said.
“Well people use super precedent differently," Barrett said on Tuesday to Democratic Senator Amy Klobuchar.
"The way that it’s used in the scholarship and the way that I was using it in the article the that you’re reading from was to define cases that are so well settled that no political actors and no people seriously push for their overruling and I’m answering a lot of questions about Roe, which I think indicates that Roe doesn’t fall in that category,” Barrett added.
Barrett noted that many legal scholars disagree on the constitutionality of Roe, that doesn't necessarily mean they also want it overturned.
“Scholars across the spectrum say that doesn’t mean Roe should be overruled, but descriptively, it does mean it’s not a case that everyone has accepted and doesn’t call for its overruling,” she continued.
“But that does not mean that Roe should be overturned,” Barrett told Senator Amy Klobuchar. “It just means that it doesn’t fall on the small handful of cases like Marbury v. Madison and Brown v. [The Board of Education] that no one questions anymore.”