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.

What you need to know about the Fight Back Texas Truth Tour

Since the Texas Legislature passed House Bill 2 in 2013, abortion clinics across the state have been forced to close because of the law’s needless restrictions, taking away access for so many Texans who need abortion care. In March, the U.S. Supreme Court will hear oral arguments in the case that challenges the law, Whole Woman’s Health v. Hellerstedt.

Leading up to this hearing, we’re reaching out to all Texans in our Fight Back Texas Truth Tour.TruthTour_SocialTemplate1 We pledge to give people the resources to tell their own stories and to voice their own support for access to abortion, support local clinics and abortion funds, and register people to VOTE for leaders that share their values. Whole Woman’s Health, Shift., NARAL Pro-Choice Texas, NARAL Pro-Choice America, National Latina Institute for Reproductive Health, Texas Research Institute, the Center for Reproductive Rights, Planned Parenthood Texas Votes, ACLU of Texas and URGE: Unite for Reproductive & Gender Equity are teaming up to spread the word across Texas that abortion is still legal and that we’re fighting harder than ever keep it safe and accessible.

Find a Truth Tour stop in your area:

College Station: Friday, February 5

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Houston: Saturday, February 6

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San Antonio: Tuesday, February 9

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McAllen: Wednesday, February 10

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El Paso: Friday, February 12

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Can’t make it to one of these events or just want to stay updated with Fight Back Texas? Fill out the form below:

Texas AG Ken Paxton Writes a Letter Asking for More Abortion Restrictions

Texas Attorney General Ken Paxton, a man making constant and desperate attempts to look like he’s on the moral high ground while he’s under felony indictment for securities fraud, sent a letter to Lieutenant Governor Dan Patrick and House Speaker Joe Straus pushing for even more laws restricting Texans’ access to abortion. This is Paxton’s latest attempt to take advantage of the recent attacks on Planned Parenthood that have been disproven over and over and over and over again.

Using the highly-edited attack videos as an excuse to push for anti-abortion policies, in the letter Paxton calls for policies that would:

• Ban certain types of abortion procedures

• Put more restrictions on how far into pregnancy people can have abortions

• Further restrict fetal tissue donation

• Put more unnecessary regulations on abortion providers

• Allow the Texas government to further interfere with the doctor-patient relationship

• Require abortion providers to contact the police whenever a minor 16 years old or younger seeks abortion care.

Paxton is seeking solutions to problems that do not exist, putting the health and safety of all Texans of reproductive age at risk and inserting himself into private family decisions. He is engaging in political posturing and he’s doing it on the backs of some of the most vulnerable people in Texas.

Paxton’s callous disregard for Texans’ health and wellbeing comes right after new research revealed that the widespread abortion clinic closures as a result of HB 2 are substantially increasing wait times for abortion, pushing women seeking abortion care later into their pregnancies. The study from the Texas Policy Evaluation Project (TxPEP) found that wait times for an abortion went up to 23 days at clinics in Austin and Fort Worth. The longer wait times for abortion result in more second trimester abortions and the increased costs of later abortion procedures put safe abortion care out of reach for many Texans.

HB 2 has already forced more than half of the clinics in Texas to close since the law was passed in 2013. If the law goes into full effect, a mere 10 clinics will be left to services the 5.4 million Texas women of reproductive age, and wait times for an abortion will certainly continue to increase.

Paxton will stop at nothing to put safe abortion care out of reach and does not care about how that impacts people seeking that care. This was made perfectly clear in his recent reply brief to the Supreme Court in Whole Woman’s Health v. Cole. His argument demonstrated that he doesn’t care about the impact HB 2 has on the nearly one million women who live more than 150 miles from a clinic and are unable to travel to access safe abortion care – he only cares that they continue to stay pregnant when they don’t want to be.

We’re on the front lines fighting these attacks. Your monthly membership to NARAL Pro-Choice Texas ensures we have the resources to stay strong. 

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Read Paxton’s letter below or download it here.

Interim Charges on Religious Liberties