Supreme Court Nominee Kavanaugh Calls Roe v. Wade ‘Settled Law,’ but What Does That Mean?

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Supreme Court Nominee Kavanaugh Calls Roe v. Wade ‘Settled Law,’ but What Does That Mean?



Republican Sen. Susan Collins says Supreme Court nominee Brett Kavanaugh called Roe v. Wade “settled law” in a private meeting with her, but pro-choice activists and Democratic leaders greeted the news with skepticism. 


The exchange between Collins and Kavanaugh – who was nominated by President Trump in June – came in a meeting in which they discussed several issues, including the 1973 decision that legalized abortion nationwide.   


“We talked about whether he considered Roe to be settled law,” Collins told reporters, according to NPR. “He said that he agreed with what Justice Roberts said at his nomination hearing, at which he said that it was settled law.”


Chief Justice John Roberts, during his 2005 confirmation hearing, said Roe was “settled as a precedent of the court, entitled to respect under principles of stare decisis.”


Unlike lower courts, the Supreme Court is not bound by precedent – a fact that Democrats noted. They also pointed out that Kavanaugh has not praised Roe, either.  


“Let’s be clear: This is not as simple as Judge Kavanaugh saying that Roe is settled law,” said Minority Leader Chuck Schumer. “Everything the Supreme Court decides is settled law until it unsettles it. Saying a case is settled law is not the same thing as saying a case was correctly decided.”


The American Civil…

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