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.
-
The state of Britain's Armed Forces
The Explainer Geopolitical unrest and the unreliability of the Trump administration have led to a frantic re-evaluation of the UK's military capabilities
By The Week UK
-
Anti-anxiety drug has a not-too-surprising effect on fish
Under the radar The fish act bolder and riskier
By Devika Rao, The Week US
-
Sudoku hard: April 21, 2025
The Week's daily hard sudoku puzzle
By The Week Staff
-
China accuses NSA of Winter Games cyberattacks
speed read China alleges that the U.S. National Security Agency launched cyberattacks during the Asian Winter Games in February
By Rafi Schwartz, The Week US
-
Russian strike kills dozens in Ukraine
Speed Read The Sumy ballistic missile strike was Russia's deadliest attack on civilians this year
By Peter Weber, The Week US
-
Inside the Israel-Turkey geopolitical dance across Syria
THE EXPLAINER As Syria struggles in the wake of the Assad regime's collapse, its neighbors are carefully coordinating to avoid potential military confrontations
By Rafi Schwartz, The Week US
-
South Korea court removes impeached president
Speed Read The Constitutional Court upheld the impeachment of Yoon Suk Yeol after his declaration of martial law in December
By Peter Weber, The Week US
-
Myanmar quake deaths rise as survivor search intensifies
speed read The magnitude-7.7 earthquake in central Myanmar has killed a documented 2,000 people so far, and left scores more trapped beneath rubble
By Peter Weber, The Week US
-
'Like a sound from hell': Serbia and sonic weapons
The Explainer Half a million people sign petition alleging Serbian police used an illegal 'sound cannon' to disrupt anti-government protests
By Abby Wilson
-
Israel detains director after West Bank settler clash
speed read The director of Oscar-winning documentary 'No Other Land' was arrested and beaten
By Rafi Schwartz, The Week US
-
Turkey arrests Istanbul mayor, a top Erdogan rival
Speed Read Protests erupted in Turkey after authorities detained Istanbul Mayor Ekrem Imamoglu
By Peter Weber, The Week US