Justices Barrett and Kavanaugh overturned Roe v. Wade. Why they may save access to the abortion pill
CNN
Justices Brett Kavanaugh and Amy Coney Barrett often link arms on cases, particularly when it comes to abortion and reproductive rights.
Justices Brett Kavanaugh and Amy Coney Barrett often link arms on cases, particularly when it comes to abortion and reproductive rights. And these two Donald Trump appointees with similar backgrounds and sensibilities shared a distinct concern Tuesday during oral arguments over Food and Drug Administration regulation of the abortion pill mifepristone: Whether any doctor had been forced, against his or her conscience, to participate in an abortion. Kavanaugh asked only one question during the 90 minutes of argument – and it was essentially that. Barrett was more active, but her queries appeared animated by the same concern for doctors who would have religious or moral objections to abortion. “Just to confirm on the standing issue, under federal law, no doctors can be forced against their consciences to perform or assist in an abortion, correct?” Kavanaugh asked Solicitor General Elizabeth Prelogar, arguing for the Biden administration. “Yes,” Prelogar answered. At bottom, the justices exposed weaknesses in the arguments of a conservative Christian group that has been their ideological ally, suggesting by their comments that the mifepristone opponents had failed to persuade them they had been harmed by the FDA’s approval and oversight of the drug. As a result, they would lack legal “standing” to even bring the case.
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