Sunday, September 16, 2018
Susan Collins (R-ME) is nominally pro-choice. She said, before Kavanaugh's nomination, that a Supreme Court nominee "who would overturn Roe v. Wade would not be acceptable to me." Since then she's looked for excuses to claim that Kavanaugh's views on Roe are uncertain. Kavanaugh said in a 2017 speech to the conservative American Enterprise Institute that "even a first-year law student could tell you that the Glucksberg's approach to unenumerated rights was not consistent with the approach of the abortion cases such as Roe vs. Wade in 1973, as well as the 1992 decision reaffirming Roe, known as Planned Parenthood vs. Casey." The term "unenumerated rights" refers to rights, such as abortion, which are not explicitly named in the Constitution's text, but which the Supreme Court has held to be implicit in that text. It doesn't take the brains of our senator from Maine to figure out this means if Kavanaugh is confirmed, he will be the fifth vote to kill Roe.
To Kavanaugh Glucksberg is inconsistent with the approach this Court has used in discussing other fundamental rights, including marriage and intimacy. Washington v. Glucksberg, a 1997 Supreme Court decision holding that the Constitution does not protect a right to physician-assisted suicide.
Kavanaugh's opinion on Glucksberg threatens a whole lot more than the right to an abortion. It suggests that he believes that a wide range of Supreme Court decisions governing sex, romantic relationships, and intimacy were wrongly decided. Judge Kavanaugh is telegraphing his belief that Roe, Obergefell, and the Supreme Court's decision in Lawrence v. Texas, which provides that the government cannot prosecute consenting adults for having sex, were not correctly decided.
Trump's appointee is being less than forthright during the hearings at best and lying persistently at worst, just like Thomas. Republicans don't care.
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