Northwest Arkansas Democrat-Gazette
Collins, Kavanaugh meet
Sen. Susan Collins, R-Maine, meets with Supreme Court nominee Brett Kavanaugh in her office Tuesday. After two hours of talks on a range of subjects, from executive power to gun laws to judicial philosophy, Collins, a key swing vote on his nomination, said Kavanaugh agrees that the
Roe v. Wade decision on abortion rights is settled law.
WASHINGTON — Supreme Court nominee Brett Kavanaugh said Tuesday that 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] John 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 because of 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 private 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 was with Senate Minority Leader Charles Schumer of New York, who is leading the Democratic resistance to his nomination.
Schumer said Kavanaugh declined to answer when asked whether landmark abortion cases, including Roe v. Wade, were correctly decided.
Schumer said that lack of clarity should “send shivers down the spine of any American who believes in reproductive freedom for women,” adding that Kavanaugh has a special obligation to be forthcoming on abortion rights, given Trump’s “litmus test that he would only appoint judges who would overturn Roe.”
Democrats complain that Republicans are withholding documents in their rush to confirm Trump’s pick for the court ahead of the midterm elections.
Despite Schumer’s efforts to build opposition, several Democrats from states that Trump won in the 2016 election remain undecided on the nominee.
Sen. Claire McCaskill, D-Mo., was noncommittal after meeting with Kavanaugh on Tuesday. She said she talked to the judge about access to health care and getting “dark money” from anonymous donors out of politics.
Trump won Missouri by nearly 19 percentage points in 2016.
Kavanaugh, 53, is a conservative who, in replacing retired Justice Anthony Kennedy, could tip the court rightward. Although Kennedy was appointed by Republican President Ronald Reagan, he was seen as a swing vote on some social issues.
Several female Democratic senators joined with advocates for women’s health care Tuesday to talk about the stakes of adding Kavanaugh to the court, particularly when it comes to access to abortion services.
“This is a wake-up call,” said Sen. Kirsten Gillibrand, D-N.Y. “Do not take this moment lightly.”
Sen. Tammy Duckworth, D-Ill., also said Kavanaugh should have no problem releasing all his writings and documents. “Why would he be complicit with this administration in hiding all of this paper that’s out there?” she asked.
Kavanaugh has already met with most Republicans, but his meeting with Collins, and a meeting expected later this month with Sen. Lisa Murkowski, R-Alaska, are crucial. Both senators support access to abortion services.
Republicans hope to have Kavanaugh confirmed by the start of the court’s session Oct. 1.