Brett Kavanaugh, Abortion, and ‘Settled Law’: New at Reason

After meeting with Supreme Court nominee Brett Kavanaugh, Sen. Susan Collins emerged to announce that he regards the Roe v. Wade decision as “settled law.” This comes as an apparent relief to the Maine Republican, who favors abortion rights. But those who hope the Court will uphold Roe would be rash to assume it would be safe with Justice Kavanaugh.

“Settled law” sounds solid, writes Steve Chapman, but like ice, it’s a substance that can quickly turn to vapor. Roe is “settled” in the sense that it has survived for 45 years and the Court has passed up opportunities to ditch it. But being settled doesn’t mean its survival is assured, under the Court of 2019 or 2029.

The pertinent question for the nominee is whether Roe is entitled to be treated as not merely a precedent, which the Court should not lightly reverse, but a “super-precedent,” which the Court should not reverse, period.

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