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."
Create an account with the same email registered to your subscription to unlock access.
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.
-
'King's horses take free rein through London'
Today's Newspapers A roundup of the headlines from the US front pages
By The Week Staff Published
-
Is pop music now too reliant on gossip?
Talking Point Taylor Swift's new album has prompted a flurry of speculation over who she is referring to in her songs
By Richard Windsor, The Week UK Published
-
Nuclear near-misses
The Explainer From technical glitches to fateful split-second decisions, the world has come to the brink of nuclear war more times than you might think
By Rebecca Messina, The Week UK Published
-
'Elevating Earth Day into a national holiday is not radical — it's practical'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Ukraine cheers House approval of military aid
Speed Read Following a lengthy struggle, the House has approved $95 billion in aid for Ukraine and Israel
By Peter Weber, The Week US Published
-
Is the Supreme Court about to criminalize homelessness?
Talking Points The court will decide if bans on outdoor camping are 'cruel and unusual'
By Joel Mathis, The Week US Published
-
Myanmar: the Spring Revolution and the downfall of the generals
Talking Point An armed protest movement has swept across the country since the elected government of Aung San Suu Kyi was overthrown in 2021
By The Week Staff Published
-
Poland, Germany nab alleged anti-Ukraine spies
Speed Read A man was arrested over a supposed Russian plot to kill Ukrainian President Zelenskyy
By Peter Weber, The Week US Published
-
Israel hits Iran with retaliatory airstrike
Speed Read The attack comes after Iran's drone and missile barrage last weekend
By Peter Weber, The Week US Published
-
Is there a peaceful way forward for Israel and Iran?
Today's Big Question Tehran has initially sought to downplay the latest Israeli missile strike on its territory
By Sorcha Bradley, The Week UK Published
-
Peter Murrell: Sturgeon's husband charged over SNP 'embezzlement' claims
Speed Read SNP expresses 'shock' as former chief executive rearrested in long-running investigation into claims of mishandled campaign funds
By Arion McNicoll, The Week UK Published