Amy Coney Barrett on Abortion
TL;DR
Amy Coney Barrett holds a long-standing personal opposition to abortion, viewing Roe v. Wade as an erroneous decision.
Key Points
She co-authored a 1998 law review article suggesting that abortion is "always immoral."
As an appeals court judge, she voted in favor of allowing an Indiana law requiring burial or cremation of fetal remains to be reinstated in 2018.
She was one of the five justices who voted to overturn Roe v. Wade in the Dobbs decision in June 2022.
Summary
Amy Coney Barrett has a documented history of opposing abortion rights, including describing Roe v. Wade as an erroneous decision in a 2003 article, where she cited it as an example of a precedent that relied on questionable premises. As a law professor, she was a member of Notre Dame University's anti-abortion Faculty for Life and signed open letters criticizing birth control benefits, with one referring to common methods as "abortion-drugs." Her opposition was evident in her prior judicial votes, such as when she dissented from a ruling that struck down an Indiana law prohibiting abortions based on the reason for seeking one, and she would have allowed a parental notification law to take effect.
As a Supreme Court Justice, Barrett voted with the majority to overturn Roe v. Wade in the Dobbs decision, which eliminated the constitutional right to abortion and returned regulatory authority to the states. Following the Dobbs ruling, she stated that questions about subsequent issues, like medication for miscarriage management, are now left to the democratic process at the state level. In her memoir, the Justice defended the Dobbs decision by asserting the Court's role is to respect the choices the people have agreed upon, rather than dictating policy, implying the original Roe decision usurped the will of the people.
Key Quotes
[T]he court's role is to respect the choices that the people have agreed upon, not to tell them what they should agree to
It is never appropriate for a judge to impose that judge's personal convictions, whether they arise from faith or anywhere else, on the law
Frequently Asked Questions
Amy Coney Barrett has a strong record of personal opposition to abortion, stemming from her legal scholarship and public statements prior to joining the Supreme Court. As a Justice, she voted to overturn the constitutional right to abortion established by Roe v. Wade.
Prior to her Supreme Court confirmation, Amy Coney Barrett suggested in a 2003 article that Roe v. Wade was an erroneous decision that should not be insulated from reconsideration based on reliance interests. Her record as a circuit judge also included votes supporting Indiana abortion restrictions.
Yes, in her memoir, Amy Coney Barrett defended the Dobbs ruling, which overturned Roe v. Wade, by stating that the Court's role is to respect choices agreed upon by the people. She implied the initial Roe decision usurped the will of the American people.
Sources9
FACT SHEET ON AMY CONEY BARRETT ACA Roe v. Wade
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Amy Coney Barrett defends US abortion ruling in memoir: 'respected choice'
Amy Coney Barrett - Alliance for Justice
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A Response to Justice Amy Coney Barrett - Harvard Law Review
How Justice Amy Coney Barrett has ruled on abortion in the past | wthr.com
Justice Barrett responds to criticism that the Supreme Court is allowing Trump to expand his power - CBS News
Amy Coney Barrett - Wikipedia
* This is not an exhaustive list of sources.