Sen. Collins Unfazed by Leaked Kavanaugh Email on Roe v. Wade

Frederick Owens
September 11, 2018

Friday was the final day of Senate hearings on the nominee.

"In those hearings, Kavanaugh denied any knowledge or use of Senate Judiciary Committee emails in his role as a White House staff specialist on judicial nominations".

The email shows Kavanaugh proposed deleting the line for the sake of accuracy. Lisa Keen argues at Keen News Service that Kavanaugh's testimony "did nothing to quell concerns in the LGBT community that Kavanaugh is an ultra-conservative, maybe even anti-LGBT, jurist who will nearly certainly give the Supreme Court's existing four conservative justices the fifth vote they need to vote against the equal rights interests of LGBT people".

At ThinkProgress, Ian Millhiser writes that Kavanaugh's endorsement during his hearing of the Glucksberg test for determining when an unenumerated right is protected by the Constitution, which looks at whether the right is deeply rooted in history and tradition, "threatens a whole lot more than the right to an abortion": "It also suggests that he believes that a wide range of Supreme Court decisions governing sex, romantic relationships, and intimacy were wrongly decided". Dianne Feinstein, D-Calif., cited it as she opened Democratic questioning Thursday morning.

"I think my comment in the email was that might be overstating the position of legal scholars and so it wasn't a technically accurate description in the letter of what legal scholars thought", Kavanaugh explained, adding, "The broader point was simply that I think it was overstating something about legal scholars, and I'm always concerned with accuracy, and I thought that was not quite [an] accurate description of all legal scholars because it referred to all".

He joins a growing list of Democrats opposing Kavanaugh, including Sens. Lisa Murkowski (R-Alaska).

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From what we know now, it appears the case could be made in a Congressional investigation that Mr. Kavanaugh committed perjury in his confirmation processes, this one and the earlier one that put him on the U.S. Court of Appeals.

"Roe v. Wade is an important precedent of the Supreme Court. I understand the importance of the issue", Kavanaugh said.

"The Supreme Court didn't just reaffirm it in passing", the nominee said.

Hatch and Lee said Kavanaugh is well-qualified to be a Supreme Court justice and on track to be confirmed before the court convenes in October.

Later, Feinstein's office tweeted it was skeptical about Kavanaugh's response. "We can't accept vague promises from Brett Kavanaugh when women's reproductive freedom is at stake".

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