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Kavanaugh advised against calling Roe v. Wade ‘settled law’ while a White House lawyer

The following article by Robert Barnes and Michael Kranish was posted on the Washington Post website September 6, 2018:

During his confirmation hearing for the D.C. Circuit in 2006, Brett Kavanaugh said, “I would follow Roe v. Wade faithfully and fully.” (C-SPAN)

Judge Brett M. Kavanaugh as a White House lawyer in the Bush administration advised against referring to the Supreme Court’s decision in Roe v. Wade as the “settled law of the land,” according to a 2003 email.

“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,” Kavanaugh wrote after reviewing a draft of what was intended to be an op-ed in favor of a judicial nominee.

The email was first given to the New York Times and has since been made public by the Senate Judiciary Committee. It was among emails deemed “committee confidential” and not made public, although it was unclear what it was about the memo that prevented its earlier release.

View the complete article here.

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