Merrick Garland asked to probe perjury allegations against Brett Kavanaugh

Merrick Garland asked to probe perjury allegations against Brett Kavanaugh
Did Brett Kavanaugh call birth control abortion-inducing?
Both of New Hampshires Democratic U.S. senators said Monday they will vote against Brett Kavanaugh as a U.S. Supreme Court justice.

Shaheen said the nominee is out of step on the scope of a presidents executive power, womens right to abortions and pre-existing conditions under the Affordable Care Act.

Your decisions affect real people: the lawyer who represented an immigrant teen in her fight to get an abortion explains why she testified against Brett Kavanaugh

She also said shes frustrated by the “lack of documentation” produced by Republicans and the nominees “refusal to answer basic questions about his judicial record and philosophy.” She said she believes Republicans are deliberately concealing his record.

While the Garza v. Hargan case has been frequently cited by groups such as Planned Parenthood and NARAL as evidence that Kavanaugh will be hostile to reproductive rights and could even vote to overturn Roe v. Wade, Garza believes his rulings in her case case reveal his possible hostility to the rights of people in detention rather than to reproductive rights generally.

“After careful consideration of his record and reviewing the limited documents made available to the U.S. Senate, I have come to the conclusion that I cannot support Judge Kavanaughs nomination to serve on the U.S. Supreme Court,” she said in a statement.

“There was no consideration for the fact that Jane … already had a ruling from a state court judge, who is more apt to determine her best interest,” Garza said. “He didnt consider that she was being followed one-on-one, that she was completely under the thumb of the federal government. These are all things that should have been taken into account, and werent.”

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After lawmakers on the Senate Judiciary Committee questioned Supreme Court nominee Judge Brett Kavanaugh over three action-packed days, they listened on Friday to multiple witnesses who testified for or against Kavanaugh. Those people include the lawyer whose client he ruled against last year in the case of an undocumented teen seeking an abortion.

Hassan said Kavanaugh has promoted a judicial philosophy that diminishes the rights of women and people of color, favors corporations over people, and promotes a right-wing ideology. She said everything Kavanaugh has said or done undermines his claim that he would be a neutral and impartial arbiter.

Garza also recounted the treatment Jane endured in detention, which included being required to undergo “life affirming” counseling at a pro-life crisis pregnancy center as well as sonogram, and being under constant surveillance at the center, where she was not allowed to exercise or go out for excursions with her peers.

“Judge Kavanaugh was handpicked from a list of candidates developed with groups funded by corporate special interests, and the agenda he has implemented throughout his career aligns with that of the big corporations and the wealthiest few in our country,” she said in a statement.

Democrats dont have the votes to block President Donald Trumps nominee, but that didnt stop them from putting up a fight at his confirmation hearings last week.

Garza said she was concerned that had his ruling not been later overturned, the precedent it set could have limited the constitutional rights of others in detention seeking abortions or other medical care, including adults detained by ICE or US citizens incarcerated in the criminal justice system.

For the nomination to fail, several Republicans would have to flip because the GOP holds a 51-49 edge in the Senate. Two potential swing votes, Republican Sens. Susan Collins, of Maine, and Lisa Murkowski, of Alaska, are still reviewing Kavanaughs record and havent said how theyre going to vote.

“The pain that this caused Jane is something I cant even describe – knowing that her lifes path, whether she would be forced to carry a pregnancy to term, was completely in the hands of people she would never know made her feel desperate, hopeless, and alone,” Garza said in her testimony.

Democrats rallied around Judge Brett Kavanaugh’s reference to popular contraceptive methods as "abortion-inducing" during his Supreme Court confirmation hearing.

Initially, a Texas state court judge ordered that Jane Doe be permitted to leave custody to obtain the abortion, given that she had obtained the proper judicial bypass to undergo the procedure without parental consent and had secured private funding to pay for it.

Sen. Kamala Harris, D-Calif., tweeted an 11-second clip in which Kavanaugh said, "Filling out the form would make them complicit in the provision of the abortion-inducing drugs that they were, as a religious matter, objected to."

"Kavanaugh chooses his words very carefully, and this is a dog whistle for going after birth control," Harris tweeted. "He was nominated for the purpose of taking away a woman’s constitutionally protected right to make her own health care decisions. Make no mistake — this is about punishing women."

His panels ruling gave the government additional time to find an adult sponsor for the teen, but the ACLU appealed the decision on Garzas behalf, and it was eventually overruled by the full panel of judges on the court, where Kavanaugh dissented.

Kavanaugh chooses his words very carefully, and this is a dog whistle for going after birth control. He was nominated for the purpose of taking away a womans constitutionally protected right to make her own health care decisions. Make no mistake – this is about punishing women. pic.twitter.com/zkBjXzIvQI

ORR appealed the state court decision to federal court, which is where Kavanaugh came in. As part of a three-judge panel for the Federal Appeals Court for the District of Columbia Circuit, Kavanaugh ruled to invalidate the state judges order.

In Harris’ tweet, Kavanaugh appears to believe birth control is an abortion-inducing drug. Does he?

We don’t have to guess, however, whether Judge Kavanaugh thinks that a constitutional right to abortion is grounded in this Glucksberg test, because he’s already answered that question. As law professor Jim Oleske points out on Twitter, Kavanaugh said in his 2017 speech to the conservative American Enterprise Institute that “even a first-year law student could tell you that the Glucksbergs approach to unenumerated rights was not consistent with the approach of the abortion cases such as Roe vs. Wade in 1973, as well as the 1992 decision reaffirming Roe, known as Planned Parenthood vs. Casey.”

Harris cut an important second out of the clip — the attribution. Kavanaugh said, "They said filling out the form would make them complicit in the provision of the abortion-inducing drugs that they were, as a religious matter, objecting to."

Under His Eye. (Photo by Drew Angerer/Getty Images) Supreme Court nominee Brett Kavanaugh needs to give Sen. Susan Collins (R-ME) plausible deniability regarding his anti-abortion views. Collins, who is nominally pro-choice, said shortly before Kavanaugh’s nomination that a Supreme Court nominee “who would overturn Roe v. Wade would not be acceptable to me.” But she’s spent much of the time since his nomination looking for excuses to claim that Kavanaugh’s views on Roe are uncertain.

"They" refers to a Catholic nonprofit group, Priests for Life. Kavanaugh was answering a question from Sen. Ted Cruz, R-Texas, about a case in which he argued Priests for Life shouldn’t have to provide women with the contraceptive coverage mandated by the Affordable Care Act for religious reasons.

Kerri Kupec, a Justice Department spokeswoman, said Kavanaugh was using the limited time available to summarize the arguments made by the plaintiff.

For what it’s worth, Kavanaugh’s statement that “all roads lead to the Glucksberg test as the test that the Supreme Court has settled on as the proper test” is incorrect. As law professor Jamal Greene first pointed out on Twitter, Glucksberg was “explicitly disavowed in Obergefell,” the Supreme Court’s 2015 marriage equality decision.

"It’s very clear he’s characterizing their position, which was held by all the Catholic organizations within that set of cases," Kupec said. "But even within characterizing their position, if you look at the dissent, it’s still not a blanket description of birth control."

The judge made this statement during an exchange with Sen. Ted Cruz (R-TX) regarding “the foundations of the unenumerated rights doctrine.” The term “unenumerated rights” refers to rights, such as the right to an abortion, which are not explicitly named in the Constitution’s text, but which the Supreme Court has held to be implicit in that text.

In the dissent, Kavanaugh writes, "They complain that submitting the required form contravenes their religious beliefs because doing so, in their view, makes them complicit in providing coverage for contraceptives, including some that they believe operate as abortifacients."

Even before his hearing, Kavanaugh’s views on abortion weren’t exactly a state secret. He gave a speech to a conservative think tank in 2017 praising Justice William Rehnquist’s dissent in Roe v. Wade, and he wrote an opinion arguing that the Trump administration could temporarily imprison undocumented women who were seeking an abortion.

The question is significant to abortion rights activists because most common types of contraception don’t prevent implantation but fertilization. According to the medical community, pregnancy begins after a fertilized egg is implanted in the uterus. If a Supreme Court justice believes pregnancy begins at fertilization it could jeopardize the legality of birth control methods for women.

Harris’ office pointed out that at no point in his answer did Kavanaugh disagree with this definition of contraception, note it was medically inaccurate, or acknowledge it was politically charged.

"In his full answer, he uses the term uncritically," said Lily Adams, communications director for Harris. "He doesn’t say ‘so-called,’ ‘I don’t agree with it,’ there’s no caveat that he gives that he does not agree with the term."

Adams added that Kavanaugh was not exactly quoting the dissent, as the phrase used in the case was abortion-inducing products, not drugs.

Judge Kavanaugh appears to be telegraphing his belief that Roe, Obergefell, and the Supreme Court’s decision in Lawrence v. Texas, which provides that the government cannot prosecute consenting adults for having sex, were not correctly decided.

Kavanaugh has not defined what he believes constitutes "abortion-inducing drugs." But the White House insisted that in that statement, "He did not express a personal view."

It doesn’t take the brains of a fourth-term United States senator from Maine to figure out what this means if Kavanaugh is confirmed. Judge Kavanaugh will be the fifth vote to kill Roe if he joins the nation’s highest Court.

White House deputy press secretary Raj Shah said it was not the judge’s job to be critical of the term, quoting another segment of the dissent.

"The Supreme Court has emphasized that judges in Religious Freedom Restoration Act cases may question only the sincerity of a plaintiff’s religious belief, not the correctness or reasonableness of that religious belief," Kavanaugh wrote, citing Burwell vs. Hobby Lobby and Thomas vs. Review Board.

In the follow-up to his answer, Kavanaugh says the government did, in fact, have a compelling reason to ensure birth control access to the employees. But he determined the government could provide it without doing so on the backs of the religious objector.

Harris tweeted a clip in which Kavanaugh said, "Filling out the form would make them complicit in the provision of the abortion-inducing drugs that they were — as a religious matter, objected to."

In Harris’ tweet, Kavanaugh appears to define contraception as abortion-inducing. But the video failed to include a crucial qualifier: "They said." In fact, he was citing the definition of the religious group Priests for Life. He has not expressed his personal view.


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