By Fox News. Judge Amy Coney Barrett said she doesn’t believe the Supreme Court’s landmark abortion ruling Roe v. Wade fits the scholarly definition of “super precedent,” or a case that cannot be overruled.
Barrett said that a case like Brown v. Board of Education, which banned segregation in schools, would be considered a super precedent because “people consider it to be on that very small list of things so widely established and agreed upon by everyone, calls for its overruling simply don’t exist.”
“I’m answering a lot of questions about Roe which I think indicates that Roe doesn’t fall into that category,” the Supreme Court nominee told Sen. Amy Klobuchar, D-Minn.
She added: “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.”
Barrett pointed to Harvard Law professor Richard Fallon, who argued Roe v. Wade is not a super precedent because “calls for its overruling have never ceased.” (Read more from “Amy Coney Barrett Discusses Roe v. Wade” HERE)
Democrats Tout Anti-Barrett Letter From Notre Dame Faculty – but No Signers Are From Law School
By Fox News. Democrats have pounced on an open letter signed by 88 faculty members at the University of Notre Dame calling on Judge Amy Coney Barrett to withdraw herself from being considered for the Supreme Court until after the November election. Yet not one of the signatories is from the Notre Dame Law School.
The letter starts by congratulating Barrett on her nomination to the U.S. Supreme Court but quickly pivots and urges her to step down, calling the nomination process “rushed” and “an exercise in raw power politics.”
The letter concedes that Barrett is not responsible for the supposedly “anti-democratic machinations” driving her nomination but urges her to “refuse to be a party to such maneuvers.”
“We ask that you honor the democratic process and insist the hearings be put on hold until after the voters have made their choice,” the letter says.
The signatories’ fields of study are diverse, spanning STEM subjects to the humanities, but not a single one of the 88 names have any law credentials. (Read more from “Democrats Tout Anti-Barrett Letter From Notre Dame Faculty – but No Signers Are From Law School” HERE)