Editorial: Whether or not Amy Coney Barrett gets on the Supreme Court, abortion rights should stand (via latimesopinion)
newspaper that they “oppose abortion on demand and defend the right to life from fertilization to natural death.” The more provocative second page of the ad, next to the signatures, said in part, “It’s time to put an end to the barbaric legacy of Roe v. Wade.”
Although Barrett has never ruled directly on an abortion case, she was peripherally involved in a couple. In both cases, she signed onto dissents that urged the 7th Circuit to reconsider rulings that barred the state of Indiana from imposing additional restrictions on abortions — in one case on minors who’d obtained a judge’s approval for an abortion, and in the other on abortions done for reasons of sex, race or fetal diagnosis.
Those dissents are troubling enough. A more worrisome portent is her 2013 Texas Law Review article on when the Court should veer from precedent and overturn one of its own decisions. “I tend to agree with those who say that a justice’s duty is to the Constitution and that it is thus more legitimate for her to enforce her best understanding of the Constitution rather than a precedent she thinks clearly in conflict with it,” she wrote.
Roe should rank as a superprecedent because it guarantees a right fundamental to women in America, one that they have relied on now for decades. When the court has overturned a long-standing precedent in the past, it has often done so to grant rights, not take them away; witness the Brown ruling.
The Supreme Court is currently considering whether to hear a challenge to Mississippi’s ban on abortions after 15 weeks into a pregnancy. There are also four state bans on abortions sought for certain reasons that are making their way through appellate courts. All blocked at least temporarily from taking effect. All could travel up to the Supreme Court.
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