September 6, 2018

US top court nominee Kavanaugh praises judicial ‘precedent,’ stays mum on Roe v. Wade vote

Confirmation hearing for Supreme Court nominee Judge Brett Kavanaugh (Day 2), Sept. 5, 2018.

Judge Brett Kavanaugh lavished praise on the importance of judicial precedent to the Senate Judiciary Committee on Wednesday, but refused to answer whether he would vote to uphold or overturn Roe v. Wade.

Kavanaugh’s answers are consistent with past public statements he has made, and it remains uncertain whether they reflect genuine deference to Roe or are phrased to appease senators who could cast the deciding vote for his confirmation. His thin record of abortion-related statements and rulings does not conclusively answer the question, but the closest is a 2017 speech on the jurisprudence of his “first judicial hero,” the late Chief Justice William Rehnquist.  Kavanaugh specifically cited Rehnquist’s opposition to Roe.

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