Kavanaugh: Returning Roe To Voters Would Return The Supreme Court To ‘Neutrality’

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 Kavanaugh: Returning Roe To Voters Would Return The Supreme Court To ‘Neutrality’
December 1, 2021 By Madeline Osburn

Supreme Court Associate Justice Brett Kavanaugh, who is expected to be a decisive vote in Dobbs v. Jackson Women’s Health Organization, noted during Wednesday’s oral arguments in that case that not only is there historical precedent for overturning Supreme Court decisions that are “grievously” erroneous, but that in doing so, the court could restore its “neutrality.”

In questioning of attorneys before the court, Kavanaugh argued that because the right to abortion is not found in the Constitution, the Constitution is therefore “neutral” on abortion. That means abortion should be an issue for states or Congress to decide and the court should remain “scrupulously neutral on the question of abortion, neither pro-choice nor pro-life,” he suggested.

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https://thefederalist.com/2021/12/01/kavanaugh-returning-roe-to-the-states-would-return-the-court-to-neutrality/

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Justice Kavanaugh Just Boiled the Abortion Debate Down to Its Most Fundamental Core
Larry O'Connor

Posted: Dec 01, 2021 1:05 PM

Today's oral arguments before the United States Supreme Court have been incredibly instructive, educational, and inspiring. As Salem radio (and Townhall colleague) host Hugh Hewitt said, "This entire argument is one of the most accessible, informed, civil discussions of abortion and the Constitution I've ever heard."

Indeed.

The live-streamed audio allowed interested Americans to hear exactly how well-suited each of the nine justices are for the weightiest of all topics they will probably ever hear. It's a fine departure from the made-for-television Senate confirmation hearings that end up shedding hardly any light on anything.

The contrived and partisan battles that transpire in the Judiciary Committee do little to inform us as to what type of justice the nominee to the bench might be and instead serve as grotesque works of performance art for the individual senators who are merely auditioning for their eventual presidential campaign.

Hearing the nine justices actually quizzing the attorneys charged with arguing the Dobbs v. Jackson Women's Health Organization enlightened us profoundly on their intellect, empathy, and abilities to carry out the critical job they've been given for the rest of their lives.

In some cases, the level of banal and insulting queries mixed with political pontifications left quite a bit to be desired (looking at you, wise Latina). However, some of the justices rose to the occasion of the historic day this may very well turn out to be.


Toward the very end of the arguments, Justice Brett Kavanaugh succinctly articulated exactly what today's discussion is really all about:

https://twitter.com/SCOTUSblog/status/1466087521977253892

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https://townhall.com/columnists/larryoconnor/2021/12/01/justice-kavanaugh-just-boiled-the-abortion-debate-down-to-its-most-fundamental-core-n2599912