Kavanaugh calls Roe v. Wade settled
WASHINGTON — Supreme Court nominee Brett Kavanaugh on Tuesday said he views Roe v. Wade as settled law, according to Sen. Susan Collins of Maine, but the answer did little to mollify Democrats who say he would restrict abortion access from the bench.
Kavanaugh told Collins that he agrees with Chief Justice John Roberts, who called Roe v. Wade settled law during his confirmation hearings in 2005.
“We talked at great length about precedent and the application of stare decisis to abortion cases,” Collins said, using the legal term for settled precedent.
Kavanaugh’s views on abortion are of major importance to Collins, as the Maine Republican had vowed to oppose President Donald Trump’s nominee if he had “demonstrated hostility” to the 1973 decision codifying abortion rights.
Collins called the meeting “very informative” and said they discussed a variety of topics. She said she would not make a decision on how to vote until after the Senate Judiciary Committee holds confirmation hearings for Kavanaugh, set for next month.
Democrats fighting Kavanaugh’s ascension to the high court sought to keep up the pressure, dismissing Kavanaugh’s stance on Roe v. Wade as an artful dodge.
Senate Minority Leader Chuck Schumer, D-N.Y., met with Kavanaugh later Tuesday. He said the judge refused to answer when asked directly whether Roe. V. Wade was correctly decided.
That lack of clarity, Schumer said, should “send shivers down the spine of any American who believes in reproductive freedom for women.”
Schumer added that Kavanaugh has a special obligation to be forthcoming on abortion, given Trump’s “litmus test that he would only appoint judges who would overturn Roe.”
Kavanaugh has already met with most Senate Republicans, but winning support from Collins and Sen. Lisa Murkowski, R-Alaska, could be crucial. Both senators support access to abortion services.
Republicans have a narrow 50-49 majority in the Senate due to the absence of ailing Sen. John McCain, R-Ariz., and can’t afford a single defection on Kavanaugh if every Democrat votes no.
Schumer said he asked Kavanaugh about his views on executive power, and particularly whether the president must comply with a subpoena, testify or provide records.
“He would not say that the president must comply with a subpoena or provide records,” Schumer said.