Draft Supreme Court Abortion Opinion ‘Completely Inconsistent’ With What Gorsuch, Kavanaugh Said During Confirmation

Topline

Sen. Susan Collins (R-Maine) said Tuesday that a leaked draft of a Supreme Court decision that would overturn Roe v. Wade is “completely inconsistent” with what Justices Neil Gorsuch and Brett Kavanaugh said during their hearings and meeting with her during the confirmation process, as the senator comes under fire for her previous comments that she believed Kavanaugh would not vote to overturn the landmark decision on abortion.

Key Facts

When asked if she was misled by Gorsuch and Kavanuagh, Collins told reporters her “statement speaks for itself,” though she noted in the statement she is awaiting the Court’s official opinion.

Collins, a centrist who supports abortion rights, voted for Kavanaugh’s confirmation in 2018, but said in an interview on CNN at the time she did “not believe that Brett Kavanaugh will overturn Roe v. Wade.”

Collins also told the Washington Post in 2018 that Kavanaugh told her he views Roe as “settled law.”

Sen. Lisa Murkowski (R-Alaska), who voted to confirm Gorsuch and Kavanaugh, is also facing criticism after she said “I do not think that Judge Kavanaugh will be a vote to overturn Roe v. Wade” during a speech on the Senate floor in 2018.

Forbes could not independently verify the draft opinion published by Politico, and though Chief Justice John Roberts said in a statement the draft is “authentic,” he said it does not represent a decision by the court or the final position of any member on the court.

Key Background

Politico published a purported draft opinion, obtained by an unnamed source, that appears to show a majority of the court agreeing to overturn Roe v. Wade. The draft, signed by Justice Samuel Alito, calls Roe “egregiously wrong,” and is stamped with a message indicating that it was sent to other justices on February 10. The draft doesn’t show which justices concurred with Alito, but an anonymous source familiar with the decision told Politico Justices Amy Coney Barrett, Clarence Thomas, Gorsuch and Kavanaugh sided with Alito’s argument.

Tangent

Senate Majority Leader Chuck Schumer (D-N.Y.) said during a speech Tuesday he will bring a vote in the Senate to codify the right to an abortion. The House in September passed a bill codifying abortion rights into federal law, the Women’s Health Protection Act. The bill faces a tough path in the Senate, as it needs 60 votes to pass, prompting Sen. Bernie Sanders (I-Vt.) to renew calls to abolish the filibuster.

Contra

Senate Minority Leader Mitch McConnell (R-Ky.) called the leak “an attack” on the Court’s independence, and called for an investigation by Chief Justice John Roberts and the Department of Justice. House Republican Leader Kevin McCarthy (R-Calif.) said in a joint statement with Reps. Steve Scalise and Elise Stefanik that the leak was a “clearly coordinated campaign to intimidate and obstruct the Justices” and also called for an immediate investigation.

Further Reading

Here’s What Will Happen If The Supreme Court Overturns Roe V. Wade (Forbes)

Reactions Divided Along Partisan Lines Following Reports That Supreme Court Is Set To Overturn Roe V. Wade (Forbes)

Supreme Court has voted to overturn abortion rights, draft opinion shows (Politico)