Kavanaugh talks Roe v. Wade letter
In a document obtained by CBS News from a person familiar with Kavanaugh’s confirmation process, Kavanaugh is seen raising doubts about whether Roe v. Wade is indeed “settled law.” He wrote the email, first obtained by the New York Times, in 2003 during his time as a White House lawyer.
CBS News’ Ed O’Keefe reports that at the time, Kavanaugh was reviewing a draft of a potential op-ed written by supporters of one of George W. Bush’s federal appeals court nominees that they hoped would be signed by prominent anti-abortion women activists.
The draft op-ed states that “it is widely accepted by legal scholars across the board that Roe v. Wade and its progeny are the settled law of the land.”
After reviewing the draft, Kavanaugh replied in part, “I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current Justices on the Court would do so. The point there is in the inferior court point. — It is hundreds not thousands, I believe, who have obtained bypasses. My 2 cents. Thanks.” The document does not say, however, whether Kavanaugh personally believes that Roe v. Wade is settled law or should be overturned.
Kavanaugh in Thursday’s hearing attempted to clarify his comments, saying the draft letter was “referring to views of legal scholars.”
“My comment was overstating the position of legal scholars, it was not a technically accurate description in the letter,” he explained.
Pressed on if he does indeed believe Roe to be considered settled law, Kavanaugh once again reiterated his previous claims that the landmark case is “important precedent of the Supreme Court, reaffirmed many times.”
Read the email here:
