Just last year, Brett Kavanaugh suggested Roe v. Wade was wrongly decided

The context was a speech Kavanaugh gave on the legacy of the late Chief Justice William Rehnquist, whom he described as “my first judicial hero.” The relevant portion of the speech is where Kavanaugh describes “the Court’s power to recognize unenumerated rights.” There, Kavanaugh said:

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“Justice Rehnquist was not successful in convincing a majority of the justices in the context of abortion either in Roe itself or in the later cases such as Casey, in the latter case perhaps because of stare decisis. But he was successful in stemming the general tide of freewheeling judicial creation of unenumerated rights that were not rooted in the nation’s history and tradition.”

Those are Kavanaugh’s words, not Rehnquist’s. It is Kavanaugh, not Rehnquist, describing Roe and similar cases as the “freewheeling judicial creation of unenumerated rights” – the kind of judging which Kavanaugh condemns over and over again in his speech.

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