“Why should the court be the arbiter?” Kavanaugh asked. Justice Brett Kavanaugh, a Trump appointee, asked a series of questions about whether the court would be better off withdrawing from the abortion debate and letting states decide. WadeĪt the very least, such a decision would undermine Roe and Casey, which allow states to regulate but not ban abortion up until the point of viability, at roughly 24 weeks.Īnd there was also substantial support among the conservative justices for getting rid of Roe and Casey altogether. delegates sign brief in support of overturning Roe v.
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