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.
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."
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.
-
Political cartoons for November 29Cartoons Saturday's political cartoons include Kash Patel's travel perks, believing in Congress, and more
-
Nigel Farage: was he a teenage racist?Talking Point Farage’s denials have been ‘slippery’, but should claims from Reform leader’s schooldays be on the news agenda?
-
Pushing for peace: is Trump appeasing Moscow?In Depth European leaders succeeded in bringing themselves in from the cold and softening Moscow’s terms, but Kyiv still faces an unenviable choice
-
Femicide: Italy’s newest crimeThe Explainer Landmark law to criminalise murder of a woman as an ‘act of hatred’ or ‘subjugation’ but critics say Italy is still deeply patriarchal
-
Brazil’s Bolsonaro behind bars after appeals run outSpeed Read He will serve 27 years in prison
-
Americans traveling abroad face renewed criticism in the Trump eraThe Explainer Some of Trump’s behavior has Americans being questioned
-
UN Security Council backs Trump’s Gaza peace planSpeed Read The United Nations voted 13-0 to endorse President Donald Trump’s 20-point plan to withdraw Israeli troops from Gaza
-
Chile picks leftist, far-right candidates for runoff voteSpeed Read The presidential runoff election will be between Jeannette Jara, a progressive from President Gabriel Boric’s governing coalition, and far-right former congressman José Antonio Kast
-
Venezuela mobilizes as top US warship nearsSpeed Read The largest and most advanced US aircraft carrier, the USS Gerald R. Ford, has entered the Caribbean and put Venezuela on high alert
-
Nigeria confused by Trump invasion threatSpeed Read Trump has claimed the country is persecuting Christians
-
Gaza ceasefire teeters as Netanyahu orders strikesSpeed Read Israel accused Hamas of firing on Israeli troops
