Brett Kavanaugh Open to Overturning Roe v. Wade: “Supreme Court Can Always Overrule Its Precedent”

National   |   Steven Ertelt   |   Sep 6, 2018   |   11:09AM   |   Washington, DC

A new document has been released showing Supreme Court nominee Brett Kavanaugh is possibly open to overturning the infamous Roe v Wade decision that allows virtually unlimited abortions up to birth.

The document is an email during Kavanaugh’s time working in the White House during his tenure as a staffer for President George W Bush. The document shows Kavanaugh questioning whether or not Roe is truly “settled law” and indicating that the Supreme Court can overturn precedent, even the 1973 president established in the Roe v Wade case allowing abortion on demand.

As AP reports:

Kavanaugh’s 2003 comments came as he was reviewing an op-ed article in support of two judicial nominees while he was working at the George W. Bush White House, according to the document.

“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,” he wrote, referring to justices at the time, in an email to a Republican Senate aide. The document is partially redacted.

During the first day of questioning, Judge Brett Kavanaugh refused to say that there is a so-called right to abortion. He declined to take the bait from pro-abortion Senator Dianne Feinstein who wants to get him to commit to upholding Roe v Wade once he is confirmed to the Supreme Court.

The pro-abortion California Senator asked Judge Kavanaugh whether or not he thought there was a right to abortion and whether or not Roe v Wade was “correctly decided.” Kavanaugh declined to agree with either of those claims.

Instead, Cavanaugh did with many previous Supreme Court nominees have done — and that is to simply say that Roe v Wade and the subsequent decision Planned Parenthood vs Casey are Supreme Court decisions that are precedent and entitled to respect. But that doesn’t mean those decisions can’t ever be overturned, as the Supreme Court has already overturned one abortion precedent when it comes to banning partial birth abortions. The high court initially overturned a Nebraska law banning partial birth abortions and then years later upheld a congressional ban on the gruesome abortion procedure.

Kavanaugh would not say whether he believed that women had a right to abortion, stressing instead that Casey created a “precedent on precedent.”

“I will tell you what my view now is: It is an important precedent of the Supreme Court that has been reaffirmed many times,” Kavanaugh said.

Kavanaugh also said that he “understood the issue” of abortion and how intense the debate is surrounding it.

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“I understand your point of view and I understand how passionate and how deeply people feel about this issue,” Kavanaugh said. “I understand the importance of this issue … I don’t live in a bubble. I live in the real world. I understand the importance of the issue.”

After the questioning, Feinstein indicated she was upset that Kavanaugh refused to pledge his loyalty to unlimited abortion.

Kavanaugh also refused a pro-abortion senator’s request to promise to never overturn Roe v Wade, the high court case allowing abortions up to birth.

During questioning from pro-abortion Senator Richard Blumenthal of Connecticut, Kavanaugh again — for the second time today — talked about his ruling in a case where he refused to require the Trump Administration to facilitate an abortion for an illegal immigrant. Senator Blumenthal used the decision and language from it to make his case that Judge Kavanaugh is prepared to overturn Roe once he has been confirmed to the Supreme Court.

Senator Blumenthal said that language in the decision calling abortion “abortion on demand” prejudices Kavanagh and makes it appear he is inclined to reverse the high court ruling allowing
virtually unlimited abortions.

“I’m not familiar with the code word,” Kavanaugh said.

Blumenthal also said that Kavanaugh’s claim that Roe is “existing precedent” makes it look like he believe there is a time where Roe can be overturned and will no longer be the legal precedent on abortion.

After making those accusations, Senator Blumenthal asked Kavanaugh to promise never to overturn Roe v Wade. Kavanaugh of course refused to do so and said that every current member of the Supreme Court has refused to comment on where they would stand on a given case that might go to the Supreme Court at some point in the future.