Supreme Court nominee Judge Amy Coney Barrett said during her Tuesday confirmation hearing that she would not commit one way or the other on matters regarding Roe v. Wade, the landmark abortion case that would push the legalization of abortion back to the states if overturned.
Barrett argued that expressing a view on a precedent would signal to litigants “that I might tilt one way or another in a pending case.”
“Do you agree with Justice Scalia’s view that Roe [v. Wade] was wrongly decided?” Sen. Dianne Feinstein (D-CA) pressed the judge.
“Senator, I do wanna be forthright and answer every question so far as I can. I think on that question, I’m gonna invoke Justice Elena Kagan’s description, which I think is perfectly put. When she was in her confirmation hearing, she said that she was not gonna grade precedent, give a thumbs-up or a thumbs-down. … It would be wrong and a violations of the cannons for me