Just Last Year, Brett Kavanaugh Suggested Roe v. Wade Was Wrongly Decided
In a recent speech, he called the decision part of a tide of freewheeling judicial creation of unenumerated rights.
JAY MICHAELSON
07.11.18 11:34 PM ET
Since Brett Kavanaugh was nominated to the Supreme Court on Monday night, the line on his stance on abortion has been we dont really know what he thinks.
But in a speech given just last year to the American Enterprise Institute, Kavanaugh made it perfectly clear that he believes Roe to have been wrongly decided.
The context was a speech Kavanaugh gave on the legacy of the late Chief Justice William Rehnquist, whom he described as my first judicial hero. The relevant portion of the speech is where Kavanaugh describes the Courts power to recognize unenumerated rights. There, Kavanaugh said:
Justice Rehnquist was not successful in convincing a majority of the justices in the context of abortion either in Roe itself or in the later cases such as Casey, in the latter case perhaps because of stare decisis. But he was successful in stemming the general tide of freewheeling judicial creation of unenumerated rights that were not rooted in the nations history and tradition.
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