Schumer Says Kavanaugh Calling Roe v. Wade 'Settled Law' Is a 'Dodge'

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Posted: Aug 21, 2018 4:30 PM
Schumer Says Kavanaugh Calling Roe v. Wade 'Settled Law' Is a 'Dodge'

Senate Minority Leader Chuck Schumer (D-NY) told reporters Tuesday that Supreme Court nominee Judge Brett Kavanaugh saying Roe v. Wade was “settled law” is a “dodge.” Kavanaugh reportedly made that remark to Sen. Susan Collins (R-ME) earlier Tuesday.

"Let's be clear — this is not as simple as Judge Kavanaugh saying that Roe is settled law," he emphasized. "Everything the Supreme Court decides is settled law until it unsettles it. Saying a case is settled law is not the same thing as saying it was correctly decided. It's no different than the typical judicial dodge of saying you respect stare decisis.”

Schumer accused Kavanuagh of “dodging and ducking” questions on his personal views on abortion during his confirmation as a federal judge, arguing that clearly stating one’s personal views on abortion should be a requirement for judicial nominees.

"On a decision as important to the people as Roe, we need to hear more than blase comments about it being settled law. That's been a dodge. That's been an excuse," he said. "Of course we know Roe is settled law. We need to know if Judge Kavanaugh believes it was correctly decided. That's the key question I will ask him. Otherwise, no one can be assured he won't vote to unsettle it.”

Schumer argued in July, in line with the demands of abortion groups, that “with so many rights and liberties at stake, U.S. senators and the American people should expect an affirmative statement of support for the personal liberties of all Americans from the next Supreme Court nominee.”

He emphasized that the next nominee “has an obligation, a serious and solemn obligation to share their personal views” on issues such as Roe v. Wade and the healthcare law.

Schumer is meeting with Kavanaugh late Tuesday afternoon.