Senator Collins: Trump’s court pick says Roe v. Wade settled law

By Susan Cornwell

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WASHINGTON (Reuters) – U.S. President Donald Trump’s Supreme Court pick Brett Kavanaugh agrees with the court’s Chief Justice John Roberts that the landmark Roe v. Wade ruling that legalized abortion is settled law, Senator Susan Collins said on Tuesday.

Collins, a Republican, spoke to reporters after meeting Kavanaugh in her office. “We talked about whether he considered Roe to be settled law. He said that he agreed with what Justice Roberts said at his nomination hearing, in which he said that it was settled law,” she said. Settled law refers to a legal position that has been consistently upheld by judges.

Republican President Donald Trump nominated Kavanaugh, 53, on July 9 to replace retiring Justice Anthony Kennedy. Before Kavanaugh can assume the lifetime job on the nine-member court, the Republican-controlled Senate must vote to confirm him.

Trump promised during his campaign to appoint “pro-life justices” who would overturn Roe v. Wade, the 1973 ruling that legalized abortion nationwide. Speculation has centered on whether Kavanaugh, a federal appeals court judge with a solidly conservative judicial record, would vote to overturn a woman’s right to abortion.

Kavanaugh’s judicial record on abortion is thin, although last year he was on a panel of judges that issued an order preventing a 17-year-old illegal immigrant detained in Texas by U.S. authorities from immediately obtaining an abortion.

Collins, a moderate Republican, has said that she could not support a nominee who had demonstrated “hostility” to Roe V. Wade. She is considered a key vote in the confirmation process, but she said Tuesday she will not make a decision until after Kavanaugh’s confirmation hearings, which start on Sept. 4.

“I have always waited until after the judiciary committee hearings before rendering a final decision on a Supreme Court nominee. You never know what questions are going to come up,” she said.

Collins said her conversation with Kavanaugh, which lasted over two hours, covered a wide range of issues, including abortion and guns and Kavanaugh’s “judicial philosophy.” She called the meeting helpful, productive and informative.

Kavanaugh’s confirmation will require a simple majority in the 100-seat Senate, where Republicans hold a 51-49 edge over Democrats and independents. Senator John McCain, a Republican, is at home undergoing treatment for cancer, leaving Republicans no room for error if no Democrats support Kavanaugh. Vice President Mike Pence would vote if there is a tie.

However, conservatives are pressuring several Senate Democrats running for re-election in states that Trump won in 2016 to vote for Kavanaugh. Three Democrats voted to confirm Trump’s previous Supreme Court nominee, Neil Gorsuch.

(Reporting by Susan Cornwell; Editing by Susan Thomas and Cynthia Osterman)