Kavanaugh Files: Abortion Rights

Editor’s Note: This is one of a series of stories examining what Democrats are saying about Supreme Court nominee Brett M. Kavanaugh and what Kavanaugh’s record shows on these issues.

Advocates for abortion rights are concerned that Judge Brett Kavanaugh could become the deciding vote in a future case to potentially overturn Roe v. Wade, the 1973 Supreme Court decision that recognized a woman’s right to an abortion.

After all, Donald Trump, in a 2016 presidential debate against Hillary Clinton, said “I am pro-life” and “the justices that I’m going to appoint will be pro-life.”

When Trump nominated Kavanaugh in July, House Democratic Leader Nancy Pelosi said that “Judge Kavanaugh’s comments make abundantly clear that he will expansively rule against women’s reproductive rights and freedoms and move to destroy Roe v. Wade.”

To support her claim, Pelosi referred to flattering comments Kavanaugh made about former Chief Justice William Rehnquist, who wrote a dissenting opinion in the landmark case. In addition, she mentioned a ruling Kavanaugh made last year in the case of an immigrant minor, who was in the country illegally, in federal custody, and who wanted to get an abortion.

Those issues came up in Kavanaugh’s confirmation hearings, in which he also faced questions about whether or not he truly believes Roe v. Wade is “settled law.”

Here, we review the specific points raised by the Democrats and the facts in each case.

‘Praised’ Rehnquist’s Dissent

“Just last year, on Sept. 4. The same day, of Kavanaugh, “you’ve recently praised Justice Rehnquist’s dissent in Roe v. Wade.” And back on July 12,  that “he gave a speech, not probably well-known but praising Chief Justice Rehnquist for his dissent in Roe v. Wade.”