Brett Kavanaugh on Abortion
It was the Supreme Court's first significant action on abortion for Brett Kavanaugh. Kavanaugh voted with the conservatives--Clarence Thomas, Samuel Alito, and Neil Gorsuch. Kavanaugh filed a dissent, writing only for himself. He said he would have allowed the law to take effect in order to see whether it would impose a burden on women's access to abortion in the state.
Kavanaugh said that because Louisiana promised to put the law into effect gradually, he would have waited to see how many doctors were able to get hospital admitting privileges. So far, he said, the two sides in the case have offered only "competing predictions" about its effect.
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.
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."
|Other Justices on Abortion:||Brett Kavanaugh on other issues:|
Samuel Alito(since 2006)
Amy Coney Barrett(since 2020)
Stephen Breyer(since 1994)
Neil Gorsuch(since 2017)
Ketanji Brown Jackson(nominated 2022)
Elena Kagan(since 2010)
Brett Kavanaugh(since 2018)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)
Merrick Garland(nominated 2016)
Ruth Bader Ginsburg(1993-2020)
John Paul Stevens(1975-2010)
Sandra Day O'Connor(1981-2006)
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