Brett Kavanaugh disputed whether Roe v. Wade, the Supreme Court case that widely legalized abortion across the US, was “settled law of the land” in 2003 when he was serving in the Bush White House, according to an email obtained by CNN.
“I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current Justices on the Court would do so. The point there is in the inferior court point,” Kavanaugh wrote, responding to a draft op-ed that was circulated for edits between lawmakers and White House staff.
What the draft said: The draft, meant to be submitted under the name of “high-profile, pro-choice” women in support of a Bush judicial nominee, had said that “it is widely understood accepted by legal scholars across the board that Roe v. Wade and its progeny are the settled law of the land.”
The document was first reported by the New York Times.
Meanwhile, senators are once again returning to why certain documents have been designated committee confidential …
Sen. Richard Blumenthal called it “an arbitrary and capricious designation.“
And Blumenthal says, “eventually they will come out” because he thinks that the archives won’t ultimately agree with the designation.