Will Justice Brett Kavanaugh Change His Position on Abortion?

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Nov. 1, 2021, 11:13 a.m. ET

Nov. 1, 2021, 11:13 a.m. ET

Justice Brett M. Kavanaugh astatine  the State of the Union code  successful  2020.
Credit...T.J. Kirkpatrick for The New York Times

Justice Brett M. Kavanaugh, who voted with the bulk successful September to let the Texas law to travel into effect, whitethorn beryllium the subordinate of the tribunal astir unfastened to switching sides connected the issue. Though his voting grounds successful termination cases has consistently supported termination restrictions, helium has made occasional comments staking retired much mean positions than those of his colleagues.

In 2019, for instance, erstwhile the tribunal temporarily blocked a Louisiana instrumentality restricting abortions, Justice Kavanaugh issued a dissent, taking a mediate presumption that acknowledged the cardinal precedent and that said helium would person preferred to person much accusation connected the precise effect of the law.

In 2017, erstwhile helium was inactive a national appeals tribunal judge, helium dissented from a determination allowing an undocumented teen successful national custody to get an abortion, penning that the majority’s reasoning was “based connected a law rule arsenic caller arsenic it is wrong: a caller close for unlawful migrant minors successful U.S. authorities detention to get contiguous termination connected demand.” He said helium would person fixed the authorities much clip to find a sponsor for the teenager.

But Judge Kavanaugh did not articulation a abstracted dissent from Judge Karen LeCraft Henderson, who wrote that the teen had nary close to an termination due to the fact that she was not a national and had entered the state unlawfully.

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