President Donald Trump’s nomination of Judge Brett Kavanaugh to the Supreme Court would solidify a 5-4 conservative majority if he were confirmed.
This makeup of the court has many pro-abortion-rights activists concerned that abortion access and even the landmark case Roe v. Wade could be in danger.
Legal experts, however, told Business Insider the more likely scenario is for the court to slowly chip away at abortion access one decision at a time.
The nomination of Judge Brett Kavanaugh to fill the Supreme Court seat vacated by Justice Anthony Kennedy would solidify a solid 5-4 conservative majority on the court, and it has some pro-abortion rights advocates worried about what that majority could mean for cases regarding reproductive rights.
Pro abortion-rights groups are particularly concerned by one Kavanaugh’s previous rulings. Last year, as part of a three-judge panel decision in Garza vs. Hargan for the Federal Appeals Court for the District of Columbia Circuit, Kavanaugh ruled to invalidate a previous court order mandating that an undocumented, unaccompanied teenager in government custody be allowed to leave custody to obtain an abortion.
His panel’s decision gave the government additional time to find an adult sponsor for the teen, but that decision was eventually overruled by all the judges of the District of Columbia circuit, where Kavanaugh dissented.
In addition, Kavanaugh’s handed down a concurring opinion in the 2015 case Priests for Life v. HHS, in which the Appeals Court for District of Columbia circuit upheld accommodations for faith-based nonprofits to be exempt from the Affordable Care Act’s requirement that employers include contraception in the insurance plans they offer to employees.
In a Monday night statement, Planned Parenthood Executive Vice President Dawn Laguens warned that Kavanaugh’s confirmation would spell the end for Roe v. Wade.
“We already …read more
Source:: Business Insider