Supreme Court Judges' Past Abortion Views, Their Own Words and Votes

Over a month ago, Judge Samuel Arito's draft opinion was amazingleakis by the Supreme Court in 1973Roev. It overturned Wade's groundbreaking decision and showed that it was ready to take significant steps to strip women's constitutional protection for abortion.

And that's what the conservative majority of the court finally did in thedecisionon Friday,in about half of the state. could lead to a ban on abortion

from Mississippiin December Courts hear discussions At that time, the observer was conservative to overthrow Roe and the second decision to establish and reaffirm the right of women to miscarriage.

But even before these discussions and Friday's decision, judges have opinions, votes, Senate confirmation testimonies, and elsewhere.

Voted 6-3, upholding Mississippi's law banning most miscarriage after 15 weeks, but Judge John Roberts was his conservative colleague to overthrow Law. Did not join. He wrote that it is not necessary to overturn a wide range of precedents in order to dominate in the favor of Mississippi.

Alito is Friday's final opinion, Roe and Planned Parenthood v. Casey wrote that the 1992 decision to reaffirm the right to abortion was wrong and should have been overturned. Judge Stephen Breyer, Judge Sonia Sotmayor, and Judge Elena Cagan (a reduced liberal faction in the court) have expressed opposition.

Chief Justice John Roberts

Roberts voted to support the restrictions of two major abortion cases, with the majority of 2007 opposition to abortion Supported the ban on the method that he calls. "Partial birth abortion" was challenged in 2016 when the court withdrew Texas restrictions on abortion clinics in a case called Whole Woman's Health. However, when virtually the same law from Louisiana was submitted to court in 2020, Roberts voted against it, controlling the outcome of the case and writing an opinion to break Louisiana's law. The presiding judge continues to believe that the 2016 case was "wrongly decided," but said the question was "whether to comply with it when deciding on the current case."

At a confirmation hearing in 2005, he said that overturning the precedent was "a shock to the legal system." This is partly dependent on stability and fairness. He said it was not enough to think that the previous case was wrongly decided. To overturn the case, it is necessary to look at these other factors, such as resolved expectations, such as court legitimacy, such as whether a particular precedent is feasible, whether the precedent has been eroded by subsequent developments, etc. There is, "Roberts said at the time.

In the same hearing, Roberts is George H. W. I was asked to explain his existence in the legal summary submitted by. Roe's conclusion that he has the right to abortion "has no support for the text, structure, or history of the Constitution," said the Bush administration, who replied that Roberts' outline reflects the administration's views.

Justice Clarence Thomas

Thomas was introduced to Casey in 1992. In the first court when he was an opponent, he voted to overthrow Rho. He then repeatedly called for overturning these rulings.

In 2000, he disputed when the court withdrew the ban on "partial birth abortion" in Nebraska. "In 1973, this court revoked the Texas Parliamentary Act that had been in force since 1857, thereby enacting unconstitutional abortion legislation in dozens of states. Some of my colleagues in past and present courts. As he showed well, the decision was terribly wrong. Cancellation is unique in that a woman controls her body according to her perspective, human life, and potential human life. It's an act. Nothing in our federal constitution deprives the people of this country of the right to decide whether the consequences of a fetal and social abortion outweigh the burden of unwanted pregnancy on the mother. The state is aborted. However, there is nothing in the Constitution that stipulates that the state must do so. "

Judge Stephen Breyer

Breyer was the lead author of two courts, the majority in the defense of abortion rights in 2000 and 2016. He has never voted to maintain the abortion limit, but admits the controversy over abortion.

Millions of Americans believe that "abstinence is like causing the death of an innocent child," while millions of others "have a law banning abortion." I'm afraid to blame many American women for a life without dignity. " He described these views as "virtually unreconcilable" in the Nebraska case 21 years ago. Still, Breyer said, "This court is a constitutional basis in the process of generations, because the constitution guarantees" basic individual freedom "and must govern even if there is a strong division within the country. We decided to provide protection and re-decided. " Women's Right to Choose "

Justice Samuel Arito

Arito, as a legal scholar and formerly a government lawyer, voted against the right to abortion. Has a long track record of writing.

Alito has resolved to uphold all the abortion laws considered by the court since its confirmation in 2006, and joined the majority to uphold the federal "partial birth" abortion law, 2016. And opposed the 2020 lawsuit.

As a judge in the Federal Court of Appeals, he voted to uphold a series of Pennsylvania abortion restrictions. This includes requiring the woman to notify her spouse before getting a miscarriage. The Supreme Court eventually invalidated Casey's notification rules and reaffirmed the right to abortion in 1992 with a 5-4 vote.

Arito, who worked for the Reagan administration in 1985, wrote in a memo that the government should publicly say "I don't agree with Law vs. Wade" in the pending misconduct. Around the same time, Arito, who applied for promotion, said he was "especially proud" of his work, claiming that "the Constitution does not protect the right to abortion."

Judge Sonia Sotomayor

Sotomayor joined the court in 2009 and had few records on the issue of abortion, but has been in favor of the right to abort since then. I have been voting repeatedly. Sotomayor accused his colleague of "buying their heads in the sand" when a court approved the enforcement of the Texas Restrictive Abortion Act last September. She was the majority in the cases of abortion clinics in Texas and Louisiana.

Soto Mayor's dissatisfaction with the court's recent Texas decision was evident in the de facto appearance she made. "You can't change Texas law, but you can," she said.

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KAGAN

Kagan has also repeatedly voted in favor of the right to abort as justice for over 11 years. She is also the most consistent voice in court advocating the importance of keeping precedents and can be expected to try to convince her colleagues not to give up constitutional protection for abortion.

Kagan was the majority when the court broke the Texas and Louisiana restrictions on abortion clinics. More recently, Cagan called Texas's new abortion law "clearly unconstitutional" and "clear, practically indisputable, conflict between Law and Casey."

Cagan had already tackled the issue of abortion before she became justice. While working at the Clinton White House, she urged the president for political reasons to uphold the late abortion ban proposed by Republicans in parliament, as long as there are exceptions to women's health. I was a co-author. Finally, George W. President Bush has signed a similar long-term ban on abortion, without any health exceptions. The Supreme Court upheld it.

Justice Neil Gothatch

Gothatch probably has the shortest record of abortion among the nine Justices. He was the majority and allowed the enforcement of the Texas Restrictive Abortion Act. If he disputed in 2020, he would have upheld the restrictions on the abortion clinic in Louisiana. As a judge in the Court of Appeals before joining the Supreme Court in 2017, Gorsuch reiterated the ruling that prevented then-Governor of Utah, Gary Herbert, from suspending funding to state branches of planned parent-child relationships. I objected when my colleague refused to consider it. However, Gorsuch said in a confirmation hearing in the Senate that he was concerned about procedural issues rather than the subject matter. "I don't care if the incident is an abortion, a widget, or any other problem," he said.

Judge Brett Kabanau

A list of candidates for President Donald Trump's Supreme Court shortly after Kabanau upheld the administration in the 2017 miscarriage case. The name of Kabanau was added to. Trump elected him to court the following year. As justice, Kavanau opposed Louisiana's decision and resolved to allow the enforcement of new Texas law, but he is not in an absolutist position than some of his conservative colleagues. .. For example, in the case of Louisiana, Kavanau wrote that more information was needed on how restrictions on state clinics would affect doctors who provide mischief, and his vote was to know that information. It seems to suggest that it may change.

The most extensive writing on abortion was made when Kavanaugh was a judge in the Federal Court of Appeals in Washington. The Trump administration has appealed a lower court ruling ordering a pregnant 17-year-old immigrant in custody to allow abortion. The administration's policy was to refuse to help these minors abort during detention.

Kavanaugh joins a committee of three judges who postpone the abortion and gives authorities a limited time frame to transfer minors from government control to sponsor care. Insisted that it should be. After that she was able to get an abortion without government support. The full Court of Appeals later overturned the decision and the teenager got an abortion. Kavanaugh called the decision out of step with "Roev. Many of the Supreme Court's majority opinions that have repeatedly supported rational regulations that do not overburden the right of abortion granted by Wade's Supreme Court." I was surprised.

Kabanau has been criticized by some conservatives for not going to her colleague Judge Karen Henderson, who clearly stated that U.S. immigrants do not have the right to illegally abort. it was done. At a confirmation hearing in his Court of Appeals, Kavanau avoided asking questions about his own personal beliefs about Rho.

Kavanaugh resolved in September last year to allow the enforcement of Texas law, but in a November oral argument, its novel structure and its succession of misconduct and other imitations. He seemed to be wondering if it would lead to that. Rights protected by the Constitution.

Judge Amy Connie Barrett

One public vote of Barrett in the Supreme Court on abortion permits the entry into force of the Texas "Fetal Beat" Act. It was to do. She also cast two votes as a judge in the Court of Appeals to reconsider the ruling that blocked Indiana's abortion restrictions.

In 2016, shortly before Trump's inauguration election, she commented on how the abortion law would change if Trump had the opportunity to appoint justice. "I don't think it's a core case-Roe's core thinks women have the right to abortion-I don't think it will change," said Barrett, then professor of law at Notre Dame. She said restrictions on what she called "very late abortions" and restrictions on abortion clinics are likely to be upheld.

Barrett also has a long record of personal opposition to the right to abortion, co-authoring a 1998 legal review article stating that abortion is "always immoral." At a hearing as a judge in the Court of Appeals in 2017, Barrett said in a written testimony, "If I confirm, my view of this and other questions is my duty as a judge. It has nothing to do with performance. "

Barrett allowed Texas law to come into force, but she joined Kavanau in an oral discussion, asking skeptical questions about its structure and forcing providers to fight one by one. I asked about the provisions of. Do not allow their constitutional rights to be "fully aired".