Brett Kavanaugh on Abortion



Roe is an important precedent, but stricter regulations ok

During his first round of testimony before the Senate Judiciary Committee, Kavanaugh said he views Roe v. Wade, the landmark ruling that legalized abortion nationwide, as "important precedent of the Supreme Court" that has been "reaffirmed many times." Yet he declined to say he would not vote to reverse Roe, saying that such a vow--on any case--would violate judicial norms.

Overall, his testimony reinforced his past writings suggesting he would permit the government to more strictly regulate abortion, for example, with additional requirements that could delay the procedure or stiffer rules for physicians who would perform it.

Trump has long vowed to appoint justices who would reverse Roe and allow the states to determine whether abortion should be legal. Kennedy had been a swing vote in favor of abortion rights.

Source: CNN.com on lead-up to SCOTUS Confirmation Hearings , Jul 9, 2018

Disallow 17-year-old illegal immigrant to seek abortion

Judge Kavanaugh has spent the past dozen years embracing the philosophy of the conservative legal movement as he assembled a record on the powerful federal Court of Appeals for the DC Circuit. On issues as diverse as abortion and gun rights to disputes over national-security policies and business regulations, Kavanaugh emphasized textual limitations while frequently favoring corporations over regulators, and the government over individuals claiming rights violations.

Last fall the appeals court voted to allow an undocumented pregnant 17 year-old in immigration detention to seek an abortion without delay. Judge Kavanaugh dissented. He wrote that while the appeals court was bound to obey Supreme Court rulings, those precedents left room for the government to apply "reasonable regulations that do not impose an undue burden."

Source: N.Y.Times on lead-up to SCOTUS Confirmation Hearing , Jul 10, 2018

Other Justices on Abortion: Brett Kavanaugh on other issues:
Samuel Alito(since 2006)
Stephen Breyer(since 1994)
Ruth Bader Ginsburg(since 1993)
Elena Kagan(since 2010)
Anthony Kennedy(since 1988)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

Former Justices:
Merrick Garland(nominated 2016)
Antonin Scalia(1986-2016)
John Paul Stevens(1975-2010)
David Souter(1990-2009)
Sandra Day O'Connor(1981-2006)
William Rehnquist(1975-2005)

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Page last updated: Nov 02, 2018