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 by 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”
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”
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.