Brett Kavanaugh Isn't So Sure 'Roe v. Wade' Is Settled Law
According to emails obtained by the New York Times, provided by an anonymous source, Donald Trump's appointee to the Supreme Court, Brett Kavanaugh, isn't sure Roe v. Wade is "settled law of the land," and argues that saying so isn't entirely accurate.
Written in March 2003, the email is one of thousands of documents a former lawyer for George W. Bush turned over to the Senate Judiciary Committee about Kavanaugh, reports the New York Times. Those documents have been a significant source of contention throughout Kavanaugh's confirmation hearing this week. Several Democratic senators tried to call for the hearing to be adjourned as soon as it started, arguing that they weren't given proper time to review the documents that were delivered to them just the night before.
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This email provides a glimpse into what the documents contain, and an even more interesting and important look on what Kavanaugh might do to abortion rights, if his Supreme Court appointment is confirmed.
Published in full by the Times, Kavanaugh's email is a response to a draft opinion piece that supporters of former president Bush's hoped they could submit under the names of anti-abortion women. The draft of that opinion piece stated that "it is widely accepted by legal scholars across the board that Roe v. Wade and its progeny are the settled law of the land."
Kavanaugh's response suggests removing that line: "I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current Justices on the Court would do so."
If you'll recall, conservatives referred to concern that Kavanaugh would overturn Roe v. Wade as "hysterical and overstated," and argued that Roe was "settled law" and Kavanaugh couldn't do anything to undo it. You may also recall Trump promising throughout his campaign that he would appoint Supreme Court justices who could overturn the landmark abortion rights case.
"If we put another two or perhaps three justices on, that will happen," Trump said at a debate in mid-October 2016. "And that will happen automatically, in my opinion, because I’m putting pro-life justices on the court."
Of course this was nearly two years ago-before former Justice Antonin Scalia died, and before Justice Anthony Kennedy decided to quit. Trump's appointed replacement for Scalia, Justice Neil Gorsuch, is widely and rightfully considered a threat to women's rights. Even before this email was published by the New York Times, Kavanaugh didn't look like a peachy addition to the court if you're someone who's concerned with preserving a woman's right to safe and legal abortion.
Throughout his hearing, Kavanaugh has dodged questions about abortion. Just before the close of Wednesday night's hearing, however, Senator Kamala Harris got the closest thing to an answer out of Kavanaugh yet.
"Can you think of any laws that give government the power to make decisions about the male body?" Harris asked.
Kavanaugh paused for a few seconds, and said: "Um, I'm happy to answer a more specific question..."
"Male versus female," Harris replied.
"I thought you were asking about medical procedures that were unique to men," Kavanaugh said.
"I'll repeat the question: Can you think of any laws that give the government the power to make decisions about the male body?" Harris asked, again.
"I'm not-I'm not thinking of any right now, Senator," Kavanaugh answered.
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