3 reasons Brett Kavanaugh is the justice to watch in Texas abortion law hearings

The U.S. Supreme Court on Monday will hear two separate challenges to Texas' incredibly-restrictive, much-criticized abortion law, which went into effect after the court denied two months ago to block it. For the challengers — the Biden administration and Texas abortion providers — to be successful, they'll need at least one conservative justice from September's 5-4 vote to reverse course, writes The Washington Post.
And who might join the court's three liberal justices, as well as Chief Justice John Roberts, in a newfound dissent? The "most likely candidate" is Justice Brett Kavanaugh, writes The New York Times, considering he's found himself "at the court's ideological center, shares some of the chief justice's concerns for protecting the institutional authority of the court, and is sensitive to public opinion."
So far in his brief Supreme Court career, Kavanaugh has "been in the majority 87 percent of the time in divided decisions in argued cases," which suggests his vote will likely be "the crucial one" in both challenges heard by the court, per the Times.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Kavanaugh also often moves with and respects Chief Justice Roberts, who dissented back in September. "Kavanaugh is probably the most susceptible to changing positions, mostly because I see him as most closely aligned with the chief's institutional-protection instincts," Michael C. Dorf, a law professor at Cornell, told the Times. "But I don't think he's very susceptible."
That the justices also so quickly agreed to hear the appeals may be another sign that "someone who was not on the fence is probably back on the fence," added Mary Ziegler, a law professor. Kavanaugh, who is sensitive to "how he's perceived" is probably that candidate. Said Ziegler: "There's an effort to distance himself from the politics of the ruling and to show that he is a sympathetic person and a good man."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Brigid Kennedy worked at The Week from 2021 to 2023 as a staff writer, junior editor and then story editor, with an interest in U.S. politics, the economy and the music industry.
-
Amazon's 'James Bond' deal could mean a new future for 007
In the Spotlight The franchise had previously been owned by the Broccoli family for its entirety
By Justin Klawans, The Week US Published
-
Why are Republicans suddenly panicking about DOGE?
TODAY'S BIG QUESTION As Trump and Musk take a chainsaw to the federal government, a growing number of Republicans worry that the massive cuts are hitting a little too close to home
By Rafi Schwartz, The Week US Published
-
What is JD Vance's Net Worth?
In Depth The vice president is rich. But not nearly as wealthy as his boss and many of his boss' appointees
By David Faris Published
-
Russia frees US teacher Marc Fogel in murky 'exchange'
Speed Read He was detained in Moscow for carrying medically prescribed marijuana
By Rafi Schwartz, The Week US Published
-
Hamas pauses Gaza hostage release, upending ceasefire
Speed Read Hamas postponed the next scheduled hostage release 'until further notice,' accusing Israel of breaking the terms of their ceasefire deal
By Peter Weber, The Week US Published
-
Baltic States unplug from Russian grid, join EU's
Speed Read Estonia, Latvia and Lithuania are disconnecting from the Soviet-era electricity grid to join the EU's network
By Peter Weber, The Week US Published
-
At least 11 killed in Sweden adult ed school shooting
Speed Read The worst mass shooting in Swedish history took place in Orebro
By Rafi Schwartz, The Week US Published
-
Who is the Hat Man? 'Shadow people' and sleep paralysis
In Depth 'Sleep demons' have plagued our dreams throughout the centuries, but the explanation could be medical
By The Week Staff Published
-
Same-sex marriage becomes legal in Thailand
Speed Read The law grants same-sex spouses the same rights as married heterosexual couples
By Peter Weber, The Week US Published
-
Top Israeli general to resign over Oct. 7 failures
Speed Read Herzi Halevi took responsibility for his failure to prevent the attacks that sparked Israel's war in Gaza
By Rafi Schwartz, The Week US Published
-
80 dead in Colombia amid uptick in guerrilla fighting
Speed Read This was the country's deadliest wave of violence since the peace accords set by President Gustavo Petro in 2016
By Peter Weber, The Week US Published