Gorsuch, Kavanaugh & Barrett “Lied to the US Senate” About Respecting “Roe”

The U.S. Supreme Court leaked a draft opinion, which indicated that the institution is insolvent. Set to overturn Roe v. Wade, the landmark 1973 ruling making abortion legal throughout the U.S., more attention has been given to three specific justices who have likely endorsed that opinion — and what they said during their confirmation hearings just a few years ago.

The draft order states that it is the majority opinion on the High Court. With all three liberal bloc justices likely to vote against it — and reports indicating conservative Chief Justice John Roberts was also unlikely to support completely dismantling the established precedent — the remaining five conservative bloc members are the most likely to potentially upend Roe.

Three of those conservative justices — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — were confirmed in the past five years, under former President Donald Trump. Despite criticisms and an examination of the potential harm that such a ruling could cause, renewed scrutiny was given to those three justices. Their appointments directly led them to the possibility of being impeached. RoeLater in the year, it will be officially overturned.

All three justices were nominated at the time and gave answers that indicated they would respect the almost 50-year old precedent protecting abortion rights. The results of their private conversations with lawmakers are also inconsistent with what appears be their dismantling ruling Roe.

Trump nominated Gorsuch in 2017, despite having promised that he would only nominate anti-abortion nominees for the Supreme Court. Gorsuch sought assurances to senators who were charged with approbating him that he would not treat the issue of abortion lightly. telling them during his hearings that he would have “walked out the door” had the former president demanded he overturn Roe.

Gorsuch was asked whether he agrees with specific findings in an exchange with Senator Dick Durbin (D.Illinois), during the same hearings. Roe, including the idea that, for the purposes of the 14th Amendment’s interpretations, a fetus is not a person.

“Do you accept that?” Durbin asked.

“That is the law of the land. I accept the law of the land, senator, yes,” Gorsuch responded.

Kavanaugh also described 2018 Roe in similar terms. In private discussions with Sen. Susan Collins (R-Maine), she said that the nominee had told her that the case and others like it protecting abortion rights were “settled law.”

Kavanaugh may have tinkered with the language a bit during his hearings. However, what he did say seemed to be consistent with Collins’ suggestion: he believed Roe was mostly settled precedent.

“It is settled as a precedent of the Supreme Court, entitled the respect under principles of stare decisis,” Kavanaugh said. He added:

Since 1973, the Supreme Court has recognized the rights to abortion. Roe v. Wade case. It has been repeatedly reaffirmed.

Barrett tried to avoid calling. Roe a super-precedent — a type of precedent that is seen as untouchable, in terms of how much harm it could cause if reversed — she herself acknowledged that her opinion on its status “doesn’t mean that Roe should be overruled.”

Taken together, these statements imply that the three justices, when they were nominees being considered by the Senate to serve on the nation’s highest court, would take a cautious approach to changing Roe’s If they did take any action, abortion protections would be protected. Instead, they all seem to have signed on to a draft of an order (authored by Justice Samuel Alito – another conservative bloc member who is anti-abortion) to reverse decades of precedent at the very first opportunity that presented itself.

Numerous lawmakers have spoken out against this draft order, stating it will be the Supreme Court’s opinion on abortion rights if it is.

Collins herself has expressed disappointment in confirming Kavanaugh specifically, noting that her private conversations with him did not indicate he’d upend Roe.

“If this leaked draft opinion is the final decision and this reporting is accurate, it would be completely inconsistent with what Justice Gorsuch and Justice Kavanaugh said in their hearings and in our meetings in my office,” Collins said in a statement this week.

Nancy Pelosi, Speaker of the House (D-California), and Chuck Schumer, Senate Majority Leader (D-New York), blasted the draft opinion for being wrongly decided. They also called the majority of conservative justices involved in the decision liars.

“Several of these conservative Justices, who are in no way accountable to the American people, have lied to the U.S. Senate, ripped up the Constitution and defiled both precedent and the Supreme Court’s reputation,” Pelosi and Schumer said in a joint statement.