Kavanaugh on abortion

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Democratic senators questioned Judge Kavanaugh about a ruling that stated a teen who entered the country illegally and was under government custody must be transported to an abortion facility.

Kavanaugh argued during his confirmation hearing that his position was based on precedent that said that states are allowed to have some regulation on abortion, citing examples such as waiting periods and parental consent laws for minors.

“I also made clear that the government could not make the immigration sponsor as a ruse to try to delay her abortion past the time when it was safe,” Kavanaugh said, arguing that he did not state in his dissent that the girl did not have a right to obtain an abortion.

Kavanaugh declined to address whether he would vote to overturn Roe several times throughout the hearing on Wednesday, citing judicial independence and stressing that Roe had been upheld by the Supreme Court several times. He noted Casey had not only affirmed Roe but also allowed regulation of abortion, and used that to explain his reasoning in Garza.

“I was trying to follow precedent from the Supreme Court which allows some delays in the abortion procedure to parental consent requirements,” he said.

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