Vanderbilt law professor believes Roe v. Wade won't be overturned

Vanderbilt law professor believes Roe v. Wade won't be overturned

Judge Brett Kavanaugh received pro-life groups' ringing endorsements and provoked fear in some progressives after President Donald Trump announced he would nominate him to fill Supreme Court Justice Anthony Kennedy's seat.

Reversing the landmark case would not automatically make abortion illegal across the country.

At the same time, New Mexico is one of 10 states that makes abortion a crime under state law.

Now that Supreme Court Justice Anthony Kennedy will be retiring from the highest court in the land after three decades there is the very real possibility that the person the president chooses will be vehemently anti-abortion and therefore almost every case some of the less-enlightened states have been trying to push up to the Supreme Court will find a sympathetic ear, making it harder for women to have control over their reproductive rights and even put into jeopardy the 1973 Court ruling of Roe v. Wade that is at the heart of the Religious Right movement and a precious resource for those who happen to own the equipment the government will then be allowed to control, namely women, which is why I am always baffled when women vote Republican, but that is a subject for another column.

While declining to give his personal views on the matter, Kavanaugh has already said when he was confirmed to the D.C. Circuit in 2006 that he would "follow Roe v. Wade faithfully and fully".

Abortion opponents are buoyed by the pick. "This administration, this president are pro-life, but what the American people ought to know is that, as the president said today, this is not an issue that he discussed with Judge Kavanaugh".

Cuomo also backs a measure, known as the Reproductive Health Act, or RHA, which would codify the rights in the Roe v. Wade case into NY law. It was public pressure that prevented a full repeal of the Affordable Care Act a year ago, and abortion-rights advocates will likely be at least as loud as the Senate hearings for Kennedy's replacement get underway. He frequently sided with conservatives to uphold abortion restrictions. "His educational background and credentials are exemplary, and his record demonstrates respect for the U.S. Constitution".

"It's not a question of if, it's a question of what or when", says Sarah Lipton-Lubet, vice president for reproductive health and rights at the National Partnership for Women and Families.

Rep. Nydia Velázquez said the state of NY has to become "a buffer" when it comes to women's rights.

At the same time, 21 states adopted 58 measures past year meant to expand access to women's reproductive health.

New Mexico has not passed any new legislation related to abortion in almost 20 years. The known states to have implemented such "trigger" laws are Louisiana, Mississippi, North Dakota, and South Dakota, with another dozen or so states having pre-Roe abortion bans still on the books ready to re-enact if it is federally overturned.

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The Assembly has repeatedly passed legislation to add the protections from Roe v. Wade to state law.

"The en banc majority, by contrast, reflects a philosophy that unlawful immigrant minors have a right to immediate abortion on demand, not to be interfered with even by Government efforts to help minors navigate what is undeniably a hard situation by expeditiously transferring them to their sponsors", Kavanaugh wrote.

Some have been formally blocked by the courts, but not repealed.

"What we don't want is to have people go to the courts with a specific objective or policy criteria".

That part of the decision allows states to prohibit abortions after viability, except in certain cases.

The cases fall into three major categories. "We have every confidence that, as members of the Senate come to know and appreciate Judge Brett Kavanaugh. that we'll see him confirmed".

MS has a 15-week ban, now being challenged in federal court.

Regulations have also forced clinics to close, and there are now six states with only one abortion provider. Earlier this month, the Iowa Supreme Court struck down a law that required a woman to undergo a 72-hour waiting period before obtaining an abortion. A federal appeals court found that law unconstitutional in April.

Fitzpatrick said there is a long-held doctrine at the Supreme Court that most justices adhere to, "Let Things Stand". That would be binding precedent of the court.

Here's NARAL, declaring on Twitter that Kavanaugh would be "the fifth vote to overturn and gut Roe v. Wade, criminalize abortion and punish women".

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