Amy Barrett's law review articles show how Supreme Court rulings like Roe v. Wade could be challenge
Amy Coney Barrett told a Jacksonville University audience in 2016 that the Supreme Court is unlikely to overturn a woman’s right to an abortion, the key holding of the landmark Roe v. Wade decision.
However, Barrett has written law review articles that outline arguments attorneys theoretically could use in trying to strike down that ruling and other precedents, though the writings are analyses that don't urge specific action or say how she would decide specific cases. Among them: She cited legal experts who do not count Roe v. Wade among "superprecedents" – Supreme Court decisions that are so ingrained in American life that they can't be overturned.
The potential for Barrett to join a 6-3 conservative majority that could erase the controversial nearly 50-year-old ruling is expected to be one flashpoint during her Senate confirmation hearings scheduled to start Monday.
Supreme Court nominees historically have avoided expounding on their views on specific cases and decisions. But since Trump nominated Barrett to the court two weeks ago, the Senate's Republican majority and opponents of Roe have been heartened by clues from the devout Catholic, whose religion calls for protecting human life from conception to natural death, with rare exceptions.
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