STATEMENT: Trump’s Supreme Court Pick, Judge Kavanaugh, Would End Roe v. Wade And Criminalize Abortion

Trump’s Supreme Court Pick, Judge Kavanaugh, Would End Roe v. Wade And Criminalize Abortion  

NARAL Pro-Choice Texas Urges Senators John Cornyn and Ted Cruz To Vote No  

For release: July 9, 2018
Contact: Sharmeen Aly, [email protected]


AUSTIN, TX — After the announcement that President Trump will nominate Judge Brett Kavanaugh to serve on the Supreme Court, NARAL Pro-Choice Texas Interim Executive Director Blake Rocap issued the following statement:

“After promising that he would only appoint Supreme Court nominees that would end Roe v. Wade and criminalize abortion, President Trump held true to that promise today with the nomination of Judge Brett Kavanaugh. Kavanaugh recently argued that the federal government should have the power to  prohibit a detained minor from getting an abortion even though she had met all of Texas’s burdensome requirements to obtain one. He also argued against the Affordable Care Act’s provision making contraception available to everyone free of cost.

We have to assume that Kavanaugh was chosen because he lives up to Trump’s litmus test and will be a vote to end Roe v. Wade, or gut it by ignoring the precedent in Whole Woman’s Health v. Hellerstedt and allow the Texas Legislature free reign to criminalize abortion and punish pregnant Texans. If this is not the case, it is up to Judge Kavanaugh to prove to the American people that he will not be a rubber stamp for Trump’s agenda and will proactively protect abortion access. Now is the time for Senators John Cornyn and Ted Cruz to stand up and protect Texans and their families.

President Trump himself has promised over and over again to appoint Supreme Court justices who will work to overturn Roe v. Wade, criminalizing women in the process. Here is a brief background on Judge Kavanaugh’s extensive anti choice record:

Brett Kavanaugh

  • Current position: Circuit Judge, U.S. Court of Appeals for the District of Columbia Circuit
  • Appointed by anti-choice President George W. Bush
  • Served as Senior Associate Counsel and in various other positions in the anti-choice George W. Bush White House. In these roles, he was responsible for “marshaling the fleet” of George W. Bush’s far-right, anti-choice judicial nominees, including Priscilla Owen and William Pryor.
  • Active in the conservative Federalist Society.
  • Contributed to anti-choice, extreme politicians including Henry Hyde and Orrin Hatch.
  • Issued a strongly worded dissent against a D.C. Circuit decision that allowed an undocumented young woman to access abortion care. Kavanaugh argued that despite the fact that the girl had already met all of Texas’ burdensome requirements for young women seeking abortion care (mandatory delay, state court approval, etc.), she should have to wait until she had an immigration sponsor to make “that momentous life decision.” He wrote, “The en banc majority…reflects a philosophy that unlawful immigrant minors have a right to immediate abortion on demand, not to be interfered with even by government efforts to help minors navigate what is undeniably a difficult situation by expeditiously transferring them to their sponsors.”
  • In a heated dissent in Priests for Life v. HHS, Kavanaugh argued that the Affordable Care Act’s religious accommodation to the contraceptive-coverage policy placed a substantial burden on religious employers’ beliefs, even “if the religious organizations are misguided in thinking that this scheme…makes them complicit in facilitating contraception or abortion.”

A new national poll, conducted on behalf of NARAL Pro-Choice America by Public Policy Polling in key states, finds that the majority of voters, including nearly two-thirds of independent voters, do not want to see Roe v. Wade ended, and would oppose any nominee to the Supreme Court who would overturn it.

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