On July 9, President Donald Trump announced his nominee to fill the vacant Supreme Court Justice slot. Brett Kavanaugh was selected from a pool of twenty-five conservative options, a list that had been narrowed down to four candidates in the last week before the announcement.
Kavanaugh has over twelve years of experience as a judge, issuing approximately 300 opinions, according to Fox News. Appointed to the federal appeals court by President George W. Bush, Kavanaugh is well-known for his dedication and admiration of the U.S. Constitution. Addressing an audience of senators and public officials, he highlighted his “reverence” for the document that the Supreme Court is tasked with upholding.
Supreme Court judges generally fall into three different philosophies. Constitutionalists believe in judging cases strictly as the Founding Fathers would have commanded them to. Precedence means that decisions should be made in reference to past cases. Finally, pragmatism is the philosophy that judges should use their own convictions and apply them to the law. Kavanaugh has exhibited strong constitutionalist qualities, with an additional respect for precedence. This yields interesting results when analyzing his stances on abortion.
The Constitution does not explicitly mention abortion, obviously, making this hot-button issue often more difficult for constitutionalists to deal with. When asked about Roe v. Wade in 2006, Kavanaugh stated that he would respect the precedent set by the ruling but refused to state a personal opinion. His relative silence on the issue has worried some Pro-Life supporters, though others have theorized that he has dodged the subject to ensure swift confirmation.
Last October, Kavanaugh commented on his first major case involving the right to life in October 2017, when an undocumented immigrant teenager in U.S. custody sought an abortion. Though the appeals court involved ultimately supported the young woman’s decision, Kavanaugh dissented, insisting that she had no such right. While Pro-Life activists applauded this decision, others were quick to say that his decision emphasized the rights of immigrants, rather than the right to life.
In the coming weeks, a spotlight will be shed surrounding the history of Kavanaugh’s decisions and convictions. Undoubtedly, the media will report on the judge with increasing scrutiny, as the deadline to confirm him looms closer. Until then, it is important for Pro-Life supporters to avail themselves of resources to learn more about this potential Supreme Court Justice.