No, the Conservative Justices Didn’t Lie about Roe v. Wade

Describing precedents as precedents isn’t perjury even if a Supreme Court justice later overturns them.

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A pro-choice demonstrator holds a sign with the photos of Justices outside the U.S. Supreme Court in Washington, D.C., May 3, 2022.

Stefani Reynolds/AFP via Getty Images

The latest in desperation tactics from the defenders of Roe v. Wade is the claim that Supreme Court justices aren’t permitted to overturn Roe because doing so would mean that they lied under oath at their confirmation hearings and thus could be prosecuted for exercising their independent legal judgment. This is every bit as bad and disingenuous an argument as it sounds.

Democratic congressman Ted Lieu claims that “multiple Supreme Court Justices lied during their confirmation process about their view of #RoeVWade and stare decisis.” Democratic Senator Kirsten Gillibrand told CNN that the conservatives signing on to Alito’s draft “misled the Senate, with the intention of getting their confirmation vote, with the intention of overruling Roe.” The argument is often framed as an Internet meme:

Dan McLaughlin

About the Author

Dan McLaughlin

Dan McLaughlin is a senior writer at National Review Online and a fellow at National Review Institute.

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