Supreme Court nominee Brett Kavanaugh on Thursday faced fresh scrutiny over a leaked memo in which he seemed to question the argument that the landmark Roe v. Wade was widely considered to be "established law".
His comments are contained in a string of emails from 2003 where he advised the Bush White House on the conservative nominee Priscilla Owen and provided comments on an opinion piece.
The article contained a general statement on the decision on abortion that Kavanaugh, who faced his third day of questioning at a confirmation hearing on Thursday, opposed.
"I'm not sure that all the legal experts refer to Roe as the established law of the land at the Supreme Court level, since the Court can always annul its precedent, and three current judges in the Court would do so," wrote Kavanaugh.
"I am not sure that all legal experts refer to Roe as the established law of the land at the Supreme Court level, since the Court can always annul its precedent, and three current judges in the Court would do so," he wrote. Supreme Court nominee Brett Kavanaugh.
Both abortion rights advocates and opponents place a huge amount of what potential judges say about "the established law". on the subject, as a barometer of whether they would vote to revoke the rule based on privacy that protects a woman's right to an abortion.
Senator Susan Collins of Maine, one of the two key votes that will determine whether Kavanaugh passes through the Senate, said after the two met in private that he told her he believes Roe is a "settled law". ;
The memo, marked as a "Confidential Committee", was leaked to the New York Times. The Democrats criticized the administration and the Republican leadership for keeping those documents out of the reach of the public.
Senator Dianne Feinstein, D-Calif. He asked if Kavanaugh considered the law "established". from Roe v. Wade
The leaked memo contains Kavanaugh's remark that he is not sure that all law experts consider Roe v. Wade & # 39; resolved the law & # 39;
He said the court could nullify his precedent & # 39;
The member of the Senate Judiciary Committee, Dianne Feinstein, questioned Kavanaugh in the note
Feinstein confronted Kavanaugh with his language years ago in the audience, saying he was seen "when you say you do not think it's resolved."
Kavanaugh tried to reassure her.
"The widest point was simply that he was exaggerating something about the scholars of law," Kavanaugh replied, throwing it not as a statement of his own views.
"I'm always concerned about accuracy, and I thought it was not an accurate description of all the legal experts," he said.
Kavanaugh's comment that "three current judges" would revoke Roe is outdated due to changes in the court.
If an antirroyo judge replaced the seat of the late Anthony Kennedy, as Kavanaugh would, there could be five conservative judges who could annihilate the ruling.