Why It's Impossible For Brett Kavanaugh To Make Abortion Illegal

Heidi Heitkamp

Heidi Heitkamp

Senate Democratic leader Chuck Schumer of NY has already said of Kavanaugh that he'd "oppose him with everything I've got", and signaled Wednesday that Democrats would be vetting not only Kavanaugh's record on the bench but also his work as an official in the George W. Bush White House and for the special prosecutor during Bill Clinton's presidency.

Pence himself inadvertently added to those concerns on Tuesday, when asked whether he still supported overturning Roe v. Wade.

"In the face of this federal assault, NY is going to protect itself because this state has always been the progressive capital of the nation".

If confirmed, Kavanaugh would make the high court solidly conservative.

But the bigger unknown is now centered around Kavanaugh's so far undisclosed position on abortion rights and the landmark Supreme Court decision in Roe vs. Wade.

Conservative and GOP groups hailed his nomination, including the New York State Republican Party and New Yorkers For Constitutional Freedoms, who called the Yale Law School grad "impeccably qualified" to serve on the Supreme Court.

Legal experts, however, aren't convinced that Kavanaugh's presence alone would automatically lead to the overturning of Roe and the 1992 landmark case Planned Parenthood vs. Casey, which upheld large parts of Roe and ruled that states can not impose an "undue burden" on patients seeking abortion. When pressed for his opinion on that case, he responded, "The Supreme Court is held repeatedly Senator, and I don't think it would be appropriate for me to give a personal view on that case".

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Former Planned Parenthood president Cecile Richards appeared on "Hardball" to proclaim "abortion existed before Roe and it was simply illegal and unsafe and young, healthy women died routinely in emergency rooms across this country and that's what we're looking at again if this court tips to the other side".

"Precedent plays an important role in promoting stability and evenhandedness", Roberts said at the time.

"Look, I think there's always more everyone can do, but he's definitely been a champion and spoken up for our issues", Chappelle Golston said. The group is specifically targeting vulnerable Senate Republicans including Sens.

Gillibrand urged her colleagues to oppose his nomination, citing the Supreme Court as a bulwark against numerous challenges by the Trump administration to roll back Obama-era regulations.

"We now need to codify Roe v. Wade, which will actually increase the protections in NY. So there is a lot to go through", she said.

A spokeswoman for the Senate Republicans, Candice Giove, said the bill would allow nondoctors to perform abortions and might lessen rights of pregnant women who suffer physical abuse.

The vice president also briefly discussed foreign affairs ahead of this week's key North Atlantic Treaty Organisation summit in Brussels, where President Trump is expected to demand US allies contribute more funding for their own national defense.

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