Roe V. Wade: Uncertain Under Kavanaugh

by | Oct 26, 2018 | POLITICS

Through a lifetime appointment, Supreme Court Justice Brett Kavanaugh has the potential to affect U.S. law for decades to come. With Kavanaugh’s confirmation and diving into his third week as a Supreme Court Justice, questions have been raised about what this could mean for the future of reproductive rights.

Kavanaugh has replaced conservative Justice Anthony Kennedy, who retired from the court this past summer. Kennedy was a swing vote in favor of Roe v. Wade, a landmark case that legalized abortion on a federal level.

Dr. Betha Coston is a Virginia Commonwealth University professor for the Department of Gender, Sexuality and Women’s Studies. In an email, Dr. Coston stated that Kavanaugh’s identification as a political conservative will have a profound effect on his future opinions as a Supreme Court Justice.

“Every Supreme Court judge has impacted the balance of power in some way,” Dr. Coston said. “Although they are required to be impartial while serving, they are still human beings who have been socialized into their belief systems prior to the Supreme Court.”

Dr. Coston said Kavanaugh’s confirmation has beget “legitimate and real fears about the future of reproductive rights.”

In 2017, Kavanaugh defended a dissenting opinion when the D.C. Circuit court ruled in favor of a minor attempting to obtain an abortion.

In this case, a 17-year-old minor illegally entered the U.S., unaccompanied. Upon arrival, she was held in a federal detention center. While detained, she elected to end her pregnancy, but her request was vetoed by the federal government.

Kavanaugh stated that the majority opinion to grant the abortion was “radically inconsistent” with precedent, and maintained the government has “permissible interest in favoring fetal life, protecting the best interests of a minor, and not facilitating abortion.”

In addition, Kavanaugh voiced his concern that the court’s decision would precipitate “a new right for unlawful immigrant minors” to “obtain immediate abortion on demand.”

Within his dissenting opinion, Kavanaugh characterized Roe v. Wade as precedent, which must be followed.

In a 2003 memo, Kavanaugh stated that although Roe v. Wade was “important,” the Supreme Court “can always overrule its precedent.”

In a CNN article, Clare Foran and Joan Biskupic wrote that Kavanaugh’s past writings indicates he may permit the government to place greater restrictions on contraception and abortion access.

“Overall, his testimony reinforced his past writings suggesting he would permit the government to more strictly regulate abortion,” Foran and Biskupic wrote. “For example, with additional requirements that could delay the procedure, or stiffer rules for physicians who would perform it.”

The Supreme Court has had a historically profound effect on the advancement or retrogression of civil rights law.

Coston urges individuals to remember that it would be “naïve” to depend on the Supreme Court to uphold the rights of marginalized society members.

“Those rights only come alive when we organize, protest, demonstrate, strike, boycott, rebel and violate the law in order to uphold and restore justice,” Dr. Coston stated. “In this way, Kavanaugh’s confirmation is a direct call to action; a call to turn our despair into radical, critical, intersectional social change.”

Jayla McNeill

Jayla McNeill

Jayla McNeill is a journalism student at Virginia Commonwealth University and contributor to RVA Magazine. Her writing includes politics, diversity, art, culture, and social issues.




more in politics

Charlie Kirk and The Politics of Martyrdom

The murder of Charlie Kirk will have far-reaching consequences. They're already coming into focus. A universe of disinformation and conspiracy theories is one of them. Regardless of the truth, the damage is already done.  The Wall Street Journal carelessly...

Salon de Résistance | A Live Interview Series From RVA Mag

"The absurd is the essential concept and the first truth" - Albert Camus Dispatch NUmber One: Salon de Résistance | presented by RVA Mag, Black Iris, and Le Cachet Dulcet Not long ago, salons were a catalyst for intellectual expression. Spaces where creators,...

Richmond’s Zoning Code Refresh: Developers Know, Do You?

Most Richmonders haven’t heard about it, but the City of Richmond is rewriting the rules that will determine what can be built, and where, for decades to come. It’s called the Zoning Code Refresh, and right now, it’s quietly moving through the public comment stage. If...

Photos | Labor Day Rally Targets Corporate Greed and Inequality

Hundreds gathered in Monroe Park this afternoon for a Labor Day rally organized by 50501 Movement and 50501 Virginia, demanding “Workers Over Billionaires.” The event, which kicked off at 4:30 PM, brought together community members, activists, and labor advocates to...

Workers Over Billionaires: Richmond’s Labor Day Rally

This Labor Day, Richmond isn’t just taking a day off, it’s taking to the streets. On Monday, September 1 at 4:30 PM in Monroe Park, the 50501 Movement and Virginia 50501 will lead a Rally, Protest, and March under the theme: “Workers Over Billionaires.” The gathering...

When Art Meets Activism: Environment at Risk at Glen Allen

The Cultural Arts Center at Glen Allen is hosting Environment at Risk, a group show curated by Appalachian Voices’ Virginia field coordinator Jessica Sims. Installed in the Gumenick Family Gallery, the exhibition gathers paintings, prints, collage, sculpture,...