A 2006 exchange between Sen. Chuck Schumer, D-N.Y., and Brett Kavanaugh over Roe v. Wade is gaining renewed scrutiny now that President Trump has nominated Kavanaugh to fill the Supreme Court seat vacated by Anthony Kennedy.
At the time, Kavanuagh had been nominated to serve on the D.C. Circuit Court of Appeals, a post to which he was confirmed and has been serving for the past 12 years. Schumer pressed Kavanaugh to provide his views on Roe, but the judge was circumspect.
“If confirmed to the D.C. Circuit, I would follow Roe v. Wade faithfully and fully,” he said. “That would be binding precedent of the court. It has been decided by the Supreme Court.”
A lot will be said about his use of the term “binding precedent,” but it’s important to recognize the context, which is that as a lower court judge he would have to be deferential to Supreme Court precedent. What he says is he doesn’t predict how he might rule were he on the Supreme Court.
That said, it’s also worth noting that Sen. Susan Collins, R-Maine, has said that she would not support a nominee that has “demonstrated hostility” toward Roe. That gives her a lot of wiggle room to vote yes, and the fact that he has in the past described it as precedent could help her feel more comfortable in voting for him.
.@SenSchumer: “Do you consider Roe v. Wade to be an abomination?”
Brett Kavanaugh: “If confirmed to the D.C. Circuit, I would follow Roe v. Wade faithfully and fully. That would be binding precedent of the Court. It’s been decided by the Supreme Court.” https://t.co/jW09LbeDOZ pic.twitter.com/AEDRY6bCYt
— CSPAN (@cspan) July 10, 2018
