Kavanaugh tells senator Roe v. Wade is settled law

WASHINGTON » Supreme Court nominee Brett Kavanaugh said Tuesday he agrees that the Roe v. Wade decision on abortion rights is settled law, according to Sen. Susan Collins, a Republican from Maine who is a key swing vote on his nomination.

Collins held a two-hour meeting with Kavanaugh in her office that she called “very informative.”

“We talked at great length about precedent and the application of stare decisis to abortion cases,” Collins said, using the legal term for letting precedent stand. “We talked about executive power. We talked about the Heller gun decision. We talked about his judicial philosophy. We talked about which judges he admires most or he feels most similar to.”

Collins also said she pressed Kavanaugh on whether he considers Roe v. Wade to be established law.

“He said that he agreed with what (Chief Justice) Justice Roberts said at his nomination hearing, in which he said that it was settled law.”

That answer could be crucial for Kavanaugh’s chances of being confirmed. Collins supports abortion rights and has vowed to oppose any nominee who has “demonstrated hostility” to Roe v. Wade.

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.

Collins said she would not make a decision on whether to vote for Kavanaugh until after the Senate Judiciary Committee holds confirmation hearings after Labor Day. Yet she has spoken highly of the judge, praising his qualifications.

The closed-door session with Collins kicked off a busy day for Kavanaugh, an appellate court judge who is making the rounds on Capitol Hill.

One key meeting Tuesday will be with Senate Minority Leader Chuck Schumer of New York, who is leading the Democratic resistance to his nomination.

Schumer downplayed Kavanaugh’s remark about Roe v. Wade, calling it a dodge used by past Supreme Court nominees.

“Of course we know Roe is settled law. We need to know if Judge Kavanaugh believes it was correctly decided,” Schumer said, adding that he will ask the judge that question.

Schumer also said he plans to ask Kavanaugh to fully support releasing documents from the Bush White House that Republicans have declined to review.

“I hope he comes prepared to answer direct questions,” he said.