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426 People Prayed
1595 People have read this article

IS ROE A “SUPER-PRECEDENT”?

Lord, we pray for Roe to fall and life to be embraced.

Is Roe v. Wade — the pivotal ruling for abortion-on-demand in the U.S. — a “super-duper precedent” for the U.S. Supreme Court?

That was a term Senator Arlen Specter used 15 years ago during the confirmation hearings of Chief Justice John Roberts. Specter, a Democrat-turned-Republican who would again turn Democrat, held up a poster emphasizing the numerous times the Supreme Court had relied on Roe after 1973 and essentially asked if it was untouchable.

It’s a question that has become popular among “progressives” in such hearings. Senate Democrats seem to enjoy pressing nominees about “super-precedents,” and Judge Amy Coney Barrett is no exception. What was interesting was how brilliantly Barrett responded. Assuming for the moment that “super-precedent” is even a reasonable category, Barrett was clear that Roe was not one.

Judging by the major media outlets’ reactions, progressives must have felt like they scored big. They had found Barrett out! They could prove her secret agenda that would eclipse upholding the rule of law!

But Barrett was simply pointing out what should be common sense.

“I’m answering a lot of question about Roe, which I think indicates Roe doesn’t fall in that category,” she told Sen. Amy Klobuchar (D-Minn.).

In a Texas Law Review article, Barrett had pointed to some landmark cases that are no longer seriously questioned like Marbury v. Madison (1803) that established judicial review and Brown v. Board of Education (1954) outlawing racial segregation. If there were such a thing as “super-precedent” then they would fit that category.

Roe, which has been challenged repeatedly since its tragic beginning, does not fit that mold.

And then, of course, there is the question of what a “super-precedent” actually is. As Barrett suggested, it is a term that means different things to different people and was developed by academics who are  “certainly not conservative scholars” and “take a more progressive approach to the Constitution.”

While stare decisis is a doctrine ensuring respect for previous decisions to safeguard stability in our legal system, it does not mean that rulings are sacrosanct. How else could we have arrived at key cases like Brown? That case reversed a precedent of nearly 6 decades heeding to the morally groundless “separate but equal” doctrine of Plessy v. Ferguson (1896).

Unfortunately, “super-precedent” seems to be more about cementing the Left’s favorite decisions. They are quick to declare rulings like Roe and Obergefell to be “settled law” beyond question. Meanwhile, precedent set by Hobby Lobby and Little Sisters — cases thwarting coercive progressive priorities — are cast as illegitimate outrages.

During his confirmation process, Justice Neil Gorsuch was also repeatedly pressed about “super-precedents.” In a National Review article at that time, commentator David French observed, “The Left makes up a new legal doctrine with the same enthusiasm that it made up the right to abortion. There is no ‘super precedent.’ There is only precedent, and Roe is one precedent that cannot and should not withstand the proper application of law or logic.”

Amen. Are you praying for the fall of Roe? May a culture the truly honors life and respects the rule of law prevail.

Aaron Mercer is a Contributing Writer with two decades of experience in Washington, D.C.s public policy arena. He reflects on faith, technology, and the public square at FTPolicy.com. (Photo Credit: Getty Images.)

“Before I formed you in the womb I knew you, before you were born I set you apart; I appointed you as a prophet to the nations.” (Jeremiah 1:5)

426 People Prayed
1595 People have read this article

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7 Replies to “IS ROE A “SUPER-PRECEDENT”?”

  1. Father God – no matter what argument is used to keep the deceitful and horrible law of Roe vs Wade ongoing, our prayers are simply this…we ask you Lord to overturn it. We repent of our decades of the murder of the innocent and of our lack of being involved to fight against this heinous and evil practice.
    We humbly ask that you would bless every effort by individuals and multiply every penny or dollar being given to fight to overturn it.
    Help us in our weariness to continue this fight with renewed fervor and strength. Bless the efforts going forth and give us additional and fresh knowledge and wisdom for the battle until this is finally overturned!! Amen.

  2. Roe v. Wade was the most odious ruling ever made by an American court. It’s not “settled law” as liberal progressives are fond of stating over and over. It was law made from the bench by judges in black robes who are accountable to NO ONE who thought they were smarter and wiser than the men who wrote our Constitution . . . even wiser than God. Roe v. Wade was wrongly decided based upon nothing more than a loose interpretation of “privacy” rights enumerated under the Fourteenth Amendment — a decision of political expedience rather than a legal one. It was never “settled law” passed by Congress which the Democrat Party and its media allies carefully omit from public disclosure in any form. And, as the above article points out, Roe is clearly not a ‘super-precedent’ by any stretch.

    Pray that Roe v Wade is ultimately overturned and rightly so. The Left may disguise abortion as “women’s healthcare” but we all know that’s a lie. The Left may decry capital punishment as “cruel and unusual” while it barely blinks at the 65 million infant deaths due to abortion, but their moral hypocrisy is clear.

    The stark cruelty of Roe v. Wade may have protected an “inconvenient” circumstance for millions of women, but it failed miserably to consider the right to life of the unborn.

    God help us!

  3. GM Father God,
    Thank You for this article. Bless Aaron Mercer who wrote this article. Thank You for IFA that put together all these articles to be my reliable source of news as the writers are all after God’s heart. Bless IFA, David Kubal and his administration and all the contributing writers. Let Your face shine upon them all. Let their life and family be protected physically and spiritually. Bless them with financials that they need to live and more to be able to share with others in need. In Jesus name, we pray.

    Father-God I want to ask You if it is Your will that Roe v Wade is be overthrown. Tax Payer should not be made to pay for someone choice to kill their baby in Jesus Name. Thank You.

    Father-God I pray today those ladies who think they have made the wrong choice that resulted in being pregnant. Let them feel Your love that being pregnant is Your gift and it is a privilege for woman the only one able to get pregnant. Father-God, let them find a way how to solve their situation if it is burdening to them and let them be excited to wait for the baby to be born … Bless these moms to understand the wonderful feeling being a mother. In Jesus Name. Thank You.

    Father-God I pray that today many Christians couples (man and woman) decide to stay pure until they get married so that they can create a wonderful family together.

    Father-God let us Christians parent to pray and advice their children to stay pure until they get married. Let Christians parents be parents not friends of their children. In Jesus name. Thank You.

    Your will be done on earth as it is in heaven. Amen.

    5
  4. According to a Pew Research poll in 2014, 74% of people in Massachusetts believe abortion should be legal. In West Virginia, however, only 35% believe that abortion should be legal. This staggering difference makes me thankful for the Electoral College. I do believe that Roe was wrongly decided, but if 90% of Americans were pro-life, then it would not even be an issue in the courts. The people would elect pro-life representatives who would make a law that abortion is illegal, even if it meant a Constitutional Amendment. It is the same as the segregation issue. Eventually, enough people were convinced that segregation was wrong and then the laws began to change.

    Father God, bless the efforts of every pro-life individual in this nation to persuade their friends and relatives and co-workers that life begins at conception and should be protected. Give us the words we need to speak in order to persuade others about what is right. Continue to inform and educate the electorate in this nation about the harms of abortion. Change the hearts and minds of those who are pro-choice; and in changing their hearts and minds, we pray that you would change their vote. In Jesus Name. Amen.

    24

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