Suspicious: Amy Coney Barrett & Roe v. Wade
The Claim
If Amy Coney Barrett is confirmed as a Supreme Court Justice, she will overturn Roe v. Wade.
News posted on
Emerging story
In October 2020, during the Amy Coney Barrett Supreme Court confirmation hearings, many speculated about her approach to the landmark Roe v. Wade decision.
Misbar’s Analysis
Barrett has a history of being against abortion. If given a position on the Supreme Court, she will be in a unique position to overturn Roe v. Wade. This is especially true given that a majority of the Supreme Court already lean conservative.
However, Supreme Court Justices are not supposed to make rulings based on their own personal prejudices. Rather, they make rulings based on their view of the significance of the Constitution in regard to the law. Barrett is an originalist, meaning she supports the constitution as the founders wrote it. This has complex implications that are better explained by legal scholars, but the logic of Roe v. Wade does not necessarily conflict with originalist views.
Roe v. Wade is complicated, but it’s based on the right to privacy. This right isn’t granted through the constitution, exactly. Instead, it’s interpreted based on a few amendments, one of which was written after the founding fathers. The bill of rights also grants the ability for new rights to be granted to the American people. As a result, in accordance with Barrett’s originalist interpretation, she may not overturn Roe v. Wade. However, this is speculation. When asked, she has said that Roe v. Wade can be overturned.
