WATCH: Amy Klobuchar, Amy Coney Barrett Clash on Whether Roe v. Wade is a ‘Super-Precedent’

 

Senator Amy Klobuchar (D-MN) questioned Amy Coney Barrett during her confirmation hearing to the Supreme Court, leading to a tense back-and-forth over the judge’s refusal to take a position on abortion rights.

In her appearance before the Senate Judiciary Committee on Tuesday, Barrett raised eyebrows with her refusal to elaborate on how she’d preside over matters like Roe v. Wade or the Affordable Care Act. Abortion cases came up again when Klobuchar pressed Barrett on her definition of a “super-precedent” — the notion that a judicial case doctrine has been established to such a degree that being overruled and repealed is virtually inconceivable.

When Klobuchar asked Barrett to explain whether she thinks Roe is a super-precedent, the judge asserted that the two of them hold a different conception of the term, so she defined her stance on what it means.

“I’m answering a lot of questions about Roe,” Barrett continued, “which I think indicates that Roe doesn’t fall in that category.”

“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.

From there, Klobuchar grilled Barrett on why she deems Brown V. Board of Education a super-precedent, but not Roe. Barrett answered that her previous use of the term is derived from other legal scholars, “and again…Roe is not a super-precedent because calls for its overruling have never ceased, but it doesn’t mean Roe should be overruled.”

Watch above, via CNN.

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