Roe V. Wade Has Never Been A Settled Precedent Opinion
When asked at her Senate confirmation hearings whether Roe qualified as a “super-precedent” like Brown v. Board of Education, Justice Amy Coney Barrett bluntly replied: “I’m answering a lot of questions about Roe, which I think indicates that Roe doesn’t fall into that category.” Though obvious, this simple statement is more than any previous Supreme Court nominee since 1973 has been willing to admit: Roe isn’t settled law. The extent to which a precedent is settled determines the respect it is due by the courts....