Those who support protecting human life, and who know that the U.S. Constitution does as well, can be encouraged by the president’s choice for the Supreme Court.
The burden of choosing a Supreme Court nominee to support is extra heavy for the pro-life movement because it initially formed as a response to Supreme Court decisions. That is why the date of the March for Life falls every January near the anniversary of the Roe v. Wade decision, and why that march ends at 1 First Street, N.E. in D.C.: the address of the U.S. Supreme Court.
The nomination of a fair, independent, and well-qualified Judge in Brett Kavanaugh shows that President Trump takes this burden just as seriously as we do.
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The truth of the matter is that you can never be sure until the nominee is sitting on the bench how they will decide cases. The beauty of nominating Judge Kavanaugh is twofold. He has a long judicial record, which is a wonderful barometer, but his writings and conduct are perhaps an even better measure.
First, Kavanaugh has a history of successfully mentoring and advancing women. This shows his deep appreciation for the unique gifts women bring to society, as well as a willingness to develop those gifts by offering opportunities and support. As a judge, Kavanaugh went out of his way to hire female law clerks who are now praising him, and nearly all those female law clerks — 21 of the 25 he hired — later clerked for the U.S. Supreme Court. This is evidence that Kavanaugh has a profound respect for women.
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Secondly, Kavanaugh holds his family and his fellow humanity in high regard. We can see it in how he chooses to spend his personal time. Less than 48 hours after his nomination, he was where he so often is, handing out food to D.C.’s homeless with Catholic Charities. And when he isn’t being a judge or serving the needy, Kavanaugh dedicates his time to his family, including coaching his daughters’ basketball teams. This world would benefit from more men like Kavanaugh.
Finally, Kavanaugh’s writings leave little doubt that he is a textualist. In his own words: “[i]f the text is sufficiently clear, the text usually controls.” And while recognizing ambiguity in some parts of the U.S. Constitution and statutes, he also sees that “[j]ust because there are two reasonable readings of a constitutional provision or a statute does not mean that the gates are open to a completely free-form approach.” These and other writings and speeches show that Kavanaugh believes in honoring the U.S. Constitution including its clear definition of what a judge should do — interpret laws, not make them up.
His judicial record also shows he rules without prejudice. For example, in EMILY’s List v. FEC, Kavanaugh struck down FEC regulations that limited independent political spending by nonprofit organizations, ruling that the regulations violated the First Amendment “right of citizens to band together and pool their resources . . . in order to express their views about policy issues and candidates.” By siding with pro-abortion Emily’s List when it comes to political spending, the judge shows he is fair and that the law has no favorites. His decision allows pro-life organizations the same freedoms.
The Supreme Court seems to agree that Kavanaugh is a man who respects the U.S. Constitution for what it is, the world’s best founding document. On at least 13 occasions, the high court adopted positions that Kavanaugh previously took in his opinions — and in nine of those, the court was vindicating Kavanaugh’s dissenting opinions.
For all of these reasons, Kavanaugh appears to be a great pick for the Supreme Court. I personally support this nomination, and our action arm, March for Life Action, will be working to ensure he gets a fair hearing in the U.S. Senate and a successful vote on the Senate floor.
Jeanne Mancini is President of March for Life.
