Kavanaugh: Roe Is ‘Important Precedent’ – ‘Important Factor’ That Casey Is Precedent on Precedent

During his confirmation hearing on Wednesday, Supreme Court nominee Judge Brett Kavanaugh stated Roe v. Wade is “important precedent” and Planned Parenthood v. Casey’s status as a precedent on precedent reaffirming Roe is an “important factor to remember.”

Kavanaugh said, “I said that it’s settled as a precedent of the Supreme Court, entitled to respect under principles of stare decisis. One of the important things to keep in mind about Roe v. Wade is that it has been reaffirmed many times over the past 45 years, as you know.”

He added that Roe “is an important precedent of the Supreme Court that’s been reaffirmed many times. But then Planned — and this is the point I want to make that I think’s important. Planned Parenthood v. Casey reaffirmed Roe, and did so by considering the stare decisis factors. So, Casey now becomes a precedent on precedent.”

He added that Planned Parenthood v. Casey being precedent on precedent is an “important factor to remember.”

Kavanaugh concluded, “I understand the significance of the issue, the jurisprudential issue. And I understand the significance, as best I can, I always try, and I do here, of the real world effects of that decision, as I try to do of all the decisions of my court and of the Supreme Court.”

Follow Ian Hanchett on Twitter @IanHanchett


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