Barrett Says She Does Not Consider Roe V. Wade 'Super-Precedent'

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Barrett Says She Does Not Consider Roe V. Wade 'Super-Precedent'
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Amy Coney Barrett says she considers Brown v. Board of Education a 'super-precedent' — those cases 'so well settled that no political actors and no people seriously push for their overruling.' She does not consider Roe v. Wade to be among them.

Sen. Amy Klobuchar, D-Minn., talks during Tuesday's confirmation hearing for Supreme Court nominee Amy Coney Barrett. Klobuchar questioned Barrett on why, in past writing, she didn't consider the abortion rights decisionSupreme Court nominee Amy Coney Barrett has, like many of the recent nominees before her, been unwilling to tip her hand as to how she might rule on potential high-profile cases if confirmed to the high court.

But she also has left some hints as to her leanings, especially on the topic of abortion rights. As a University of Notre Dame Law School professor, Barrett signed an ad that stated,"It's time to put an end to the barbaric legacy of" referring to the landmark 1973 Supreme Court decision that legalized abortion nationwide.

During Tuesday's Senate Judiciary Committee hearing, Sen. Amy Klobuchar, D-Minn., referred to a law review article Barrett wrote, outlining her views on"super-precedents" and questioned why Barrett didn't considerThe way they're defined in scholarship, Barrett said, are"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 aboutdoesn't fall in that category.

"I think the American people have to understand that you would be the polar opposite of Justice Ginsburg," Klobuchar said. If confirmed, Barrett would replace the late Justice Ruth Bader Ginsburg."She and Justice Scalia were friends," Klobuchar said, referring to the late Justice Antonin Scalia, for whom Barrett was a law clerk."But she never embraced his legal philosophy," Klobuchar said.

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