WashU Expert: Trump's Supreme Court and Roe v. Wade

Posted July 12, 2018

The ruling found a constitutional right to privacy extends to a woman's decision to have an abortion.

The reality of overturning Roe v. Wade could take more than the confirmation of another conservative justice, Margaret Russell, a law professor at Santa Clara University in California, told Beyond the Bubble.

Some critics, like NARAL Pro-Choice America President Ilyse Hogue, pointed to Kavanaugh's decision in 2017 involving an undocumented teenage immigrant who sought an abortion while in federal custody.

Their concern is President Donald Trump's promise to put "pro-life justices on the court", with the goal of overturning Roe vs. Wade, the 45-year-old ruling that granted women safe access to abortion.

The debate over abortion rights is occupying center stage in NY politics, with Democratic gubernatorial candidate Cynthia Nixon having waved a wire coat hanger at a rally and Gov. Andrew Cuomo's campaign using two of his two daughters in an appeal for funds from choice advocates.

And now, with Judge Kavanaugh's nomination, the same dire predictions are being made.

The debate over his appointment - and the future of the court itself - will continue as Kavanaugh meets with senators ahead of the required confirmation hearings. Understandably, this has people anxious about one big question: if Roe v Wade is overturned what happens?

The Assembly has repeatedly passed legislation to add the protections from Roe v. Wade to state law.

Maine GOP Sen. Susan Collins, who has said she would not vote for a nominee who would overturn Roe v. Wade, praised Kavanaugh's "impressive credentials and extensive experience" on Monday, even as she vowed to carefully vet his nomination.

Kavanaugh stated in his dissent that the 2010 health care law's religious accommodation to the birth control policy placed a substantial burden on religious employers' beliefs even "if the religious organizations are misguided in thinking that this scheme ... makes them complicit in facilitating contraception or abortion". It, perhaps, shouldn't surprise us that there is a strong correlation between Republican presidents and Supreme Court justices who vote conservatively-and the reverse.

"The administration's going to work very closely with members of the [Judiciary] Committee and members of the Senate to make Judge Kavanaugh available", Pence said. "The criticism was that he didn't do it strongly enough".

According to an analysis by the Guttmacher Institute, a reproductive-rights think tank, 19 states have adopted 63 new restrictions on abortion rights and access. During the CNN interview, Pence similarly declined to label him an ally or an adversary, though the vice president said he doesn't think the administration has "any illusions about Putin or about Russian Federation".

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

"As a nation I think we're really facing a lot of challenges on a lot of different issues and I really don't want to see this country going backwards, but we definately are on a cusp of really going backwards", she said, "and everyone needs to be aware of that and participate in that and voting and taking to the streets".