Law & the Courts

The Corner

Feinstein: Roe v. Wade Is ‘Super Precedent’

Senator Dianne Feinstein (Calif.), the ranking Democrat on the Judiciary Committee, used her ten-minute introduction during Judge Neil Gorsuch’s Supreme Court nomination hearing this morning to peddle the notion that Roe v. Wade — the 1973 landmark Supreme Court case legalizing abortion — is “super precedent.” This theory, that some court rulings cannot be reversed, has never been accepted by any U.S. court.

After submitting to the Senate’s record 14 Supreme Court cases and 39 other court decisions, all of which upheld Roe, Feinstein said, “If these judgments, when combined, do not constitute super precedent, I don’t know what does.”

No matter how much the Left loves the Supreme Court decision in Roe, neither that case nor any other constitutes “super precedent,” because super precedent does not exist.

This is just another attempt by Feinstein and Democratic senators to preserve Supreme Court decisions that they like, all while discrediting the decisions that fail to align with their political agenda.

Austin Yack — Austin Yack is a William F. Buckley Fellow in Political Journalism at the National Review Institute and a University of California, Santa Barbara alumnus.

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