Stop Brett Kavanaugh Fact Sheet: Reproductive Freedom

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Judge Kavanaugh would threaten hard-won rights and protections for reproductive freedom.

Judge Kavanaugh had to pass an anti-choice litmus test in order to get on President Trump’s Supreme Court shortlist.

  • President Trump campaigned on the promise that he would nominate Supreme Court justices in the Thomas-Scalia mold who would “unpass” Roe v. Wade
  • Judge Kavanaugh was on the Supreme Court shortlist provided to Trump by the Federalist Society, with which Kavanaugh has a long affiliation, and the Heritage Foundation—both right-wing legal organizations deeply committed to overturning Roe
  • Judge Kavanaugh became one of Trump’s final round selections for the Kennedy seat after his Garza v. Hargan dissent arguing that the Trump administration can block a young, immigrant woman from getting an abortion
  • Trump’s first shortlist pick, Justice Neil Gorsuch, has already proven his anti-choice bona fides joining the NIFLA v. Becerra concurrence that likened California’s effort to prevent fraudulent anti-abortion counseling centers from providing incomplete, misleading, or false information to pregnant women to ” relentless authoritarian regimes”

After President Trump announced Judge Kavanaugh as his nominee to succeed Justice Anthony Kennedy, anti-choice zealots rejoiced.

  • Operation Rescue’s Troy Newman welcomed the “long-awaited relief from the liberal judicial activism that manufactured so-called ‘abortion rights’ out of thin air”
  • Americans United for Life’s Catherine Glenn Foster called this “a seminal moment for America” and called Roe and Casey “two of the worst examples of judicial activism”
  • Susan B. Anthony List’s Marjorie Dannenfelser cheered Judge Kavanaugh’s “strong record of protecting life and constitutional rights”
  • The list goes on

Judge Kavanaugh’s judicial record further demonstrates his extreme hostility to reproductive freedom.

  • Garza v. Hargan dissent argues that the Trump administration can block a young, immigrant woman from getting an abortion, borrowing language from anti-abortion zealots to distort the majority opinion as creating “immediate abortion on demand”
  • Priests for Life v. U.S. Department of Health and Human Services dissent argues in favor of employers’ religious beliefs overriding their employees’ right to birth control coverage
  • According to former Kavanaugh clerk Sarah Pitlyk in a 2018 op-ed, “[o]n the vital issues of protecting religious liberty and enforcing restrictions on abortion, no court-of-appeals judge in the nation has a stronger, more consistent record”

Judge Kavanaugh’s anti-choice fealty is just as clear outside his judicial role.

But senators and the American people still require all Kavanaugh documents in order to fully understand his record on reproductive freedom.

  • Judge Kavanaugh served as White House staff secretary—a senior advisor role deeply involved in major policy decisions—from 2003-2006, when President Bush signed the federal abortion ban into law
  • A responsible senator who supports Roe will not recklessly allow a vote on this lifetime nominee until they have a chance to review his full record, including documents from his staff secretary tenure