Okay, but does that mean Barrett would overturn Roe? Here is where the second strand comes in: a series of law review articles in which Barrett outlines her view that the Supreme Court should not be so tightly bound by the doctrine of adhering to precedent — stare decisis — especially on matters of constitutional law.
“I tend to agree with those who say that a justice’s duty is to the Constitution and that it is thus more legitimate for her to enforce her best understanding of the Constitution rather than a precedent she thinks clearly in conflict with it,” Barrett wrote in 2013.
In a 2003 article, Barrett called for a more “flexible” understanding of stare decisis, arguing that courts should be less focused, in deciding whether to overrule a case, on so-called reliance interests — the degree to which a decision has been woven into the settled expectations of those affected.
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