Skip to comments.Feinstein tells SCOTUS nominee: Roe v. Wade is a ‘super precedent’ that can’t be changed
Posted on 03/20/2017 2:56:02 PM PDT by TBP
Sen. Dianne Feinstein (D-Calif.), the ranking Democrat on the Judiciary Committee, said Monday during the confirmation hearing for Judge Neil Gorsuch, President Donald Trumps nominee to the Supreme Court, that Roe v. Wade is now a super precedent that cannot be changed.
Feinstein argued that Roe v. Wade, the 1973 Supreme Court decision that legalized abortion nationwide, is settled law and could not be overturned by the Supreme Court in the future.
The Supreme Court has repeatedly upheld Roes court finding, making it settled law for the last 44 years, she said, citing 14 cases where the high court upheld the core holding of Roe and 39 decisions that have reaffirmed Roe.
If these judgments when combined do not constitute super precedent, I dont know what does, she said. The doctrine of stare decisis is one in which courts adhere to previous rulings. The notion of super stare decisis or super precedent suggests that some cases are immune to being overturned.
The California Democrat also argued that the Supreme Court has the final say over whether a woman will continue to have control over her own body.
She objected to Gorsuchs written position that the intentional taking of a human life by private persons is always wrong. Feinstein claimed that Gorsuchs language has been interpreted by both pro-life and pro-choice organizations to mean he would overturn Roe.
Gorsuch has never ruled on abortion, although pro-life groups point to his decisions on religious liberty cases as evidence he will support their cause. Pro-choice groups have condemned Gorsuchs conservative record.
Gorsuch was nominated by President Donald Trump to fill the vacancy left on the Supreme Court by the death of Justice Antonin Scalia early last year.
Plessy said that "separate but equal" was constitutional. We all know that it meant second-class citizenship for blacks. Previously, the Supreme Court had ruled that blacks couldn't even be citizens.
Roe v. Wade puts the preborn in a position where they cannot even aspire to second-class citizenship. It enshrines a practice aimed particularly at the same minorities harmed by Dred Scott and Plessy.
Needless to say, progressives find it inviolable. (Well, of course they do.) Feinstein's remarks tell us all we need to know about her and her party.
All the more reason we MUST get Gorsuch on the Court ASAP.
Using this idiot’s logic, we can make any new interpretation of the case “double super precedent” ... That’ll make it iron clad and supersede any wimpy “super” precedent.
never understood why killing an American is somehow protected by the Constitution.
Feinstein and her pals agree. Nothing could be more important than killing babies. “ Listen, baby: Life, liberty, and the pursuit of happiness for me, but not for thee.”
Actually, make that “double super precedent, no take backs” ... That’ll make it iron clad.
With a cherry on top!!!
Nothing must interrupt their child sacrifices to the god of death!
Yes, and so was Plessy. Exactly my point.
I believe both stood longer than Roe has stood as of today. So I guess they couldn’t be overturned.
Why are leftists so incredibly hellbent on abortions as if it’s some kind of medical procedure women go through once a month? First off, besides the fact that they are killing a baby, having an abortion is not the healthiest thing for the uterus and WHY THE HELL does the public have to finance this insanity because some asshat is irresponsible?
Super precedent,Ms. Fi? You made that up, didn’ ya?
If overturned will it result in double secret probation?
“Nothing could be more important than killing babies.”
Since abortions are disproportionally black babies doesn’t that make her racist?
It’s a majority opinion of a bunch of lawyers.
Feinstein, whose party was responsible for and defended the Dred Scott decision.
So is Citizens United.
It’s a bird. It’s a plane. It’s Supreprecedent!
Still does, implicitly.
The “Living Breathing Document” argument she made kind of ... negates this point, doesn’t it?
If it’s a LBD then the court can be overruled as well, right? Fein swine is a MORON.
Very funny, EDH!
2nd AMENDMENT: "Oh no, we can't have that ja dere hey there. That's a misunderstanding by the Founders. They meant "Bear Arms" on the wall! You can't own a gun me lad!"
Seeings how she wasn’t aborted and all.
She doesn’t seem to have any problem when liberal judges decide to legislate from the bench.
Go home Granny!!
I have a feeling that if we ever fully find out exactly what has been happening to aborted baby parts, the Establishment may find themselves facing a lynch mob.
Once A Hypocrite Always A Hypocrite!
The Worn Out Old Slut Can't Help It!
Roe v Wade contains restrictions on abortion.
If the Federal government has restrictions on abortion then where then the line can be changed and altered by the Federal government. Once you’ve acquiesced to Federal control (as pro-choice people have done) then you cannot then call it settled law, because laws can, and often do, change.
They lost this battle back in 1973 by actively seeking Federal courts get involved.
Feinstein sets a “super precedent” for the idiocy of a senator.
Say it Feinstein, say that abortion is the cornerstone of liberalism. Go ahead, say the words.
That and global warming are sacraments of teh progressive religion.
This is what they fear the most. Evil, evil people.
I really *hate* those guys...
I think the Dred Scott ruling was in place for just over two decades, not that it matters.
There’s no damn such thing as a ‘super-precedent,’ even if a wretched super-murderess like Feinstein says so.
What a reeking tribute to dead flesh she is.
Did the SCOTUS consider Stare Decisis when taking the decision on same sex marriage? Did Feinstein care about Stare Decisis then??
Wait, I thought Feinstein said the Constitution’s a living document. If it is, then how can any decision be unchangeable?
Dred Scott is a super duper precedent.
It’s not just Super; it’s Super Duper [Not]!
While I agree that the Courts decision in Plessy v. Ferguson was wrong in principle, it was constitutionally technically correct imo, since the states have never amended the Constitution to expressly prohibit segregation.
In other words, the 13th Amendment, or another Reconstruction amendment, arguably should have had an express, anti-segregation clause imo.
Sadly, the fact that Reconstruction amendments didn't expressly prohibit segregation didnt stop state sovereignty-ignoring activist justices from politically amending anti-segregation policy to the Constitution from the bench.
As a side note, are patriots aware of talk that the Civil War was arguably a symbolic contest of power between the federal government, represented by the Union States, versus the states, the states represented by the Confederate States, the 10th Amendment slowly politically fading from the Constitution after the Union States won the Civil War?
Corrections, insights welcome.
Charles Krauthammer says no filibuster for Gorsuch - “too stupid, even for Democrats”......
When did the court rule that blacks couldn’t be citizens?
So per the old hag, the Constitution is not a living breathing document anymore regarding the killing of baby in the womb.
The senile hag has abused her position for so long she actually believes the Constitution has a special section empowering her to define legal concepts and precedents on a whim.
Sorry you sad sack of ****, you lose.
Isn't it time for you to retire? Gracefully if possible, but kicking and screaming, if necessary...
With silencers maybe? On their weapons?
Dred Scott was once settled law
Why wasn’t Lochner vs. NY an ironclad precedent? Because it stood in the way of Social(ist) Justice?
She’s the real idol of CA! Forget the young actresses. DiFi has it all!
-—Roe v. Wade is a super precedent that cant be changed-—
Sorta like “only men can be senators”, eh Senator Crazy Dingbat?
...double super precedent ... Thatll make it iron clad and supersede any wimpy super precedent...
Make that a double secret super precedent.
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