And that is how the Supreme Court will, in all probability, kill off Roe. A conservative state will pass a draconian anti-abortion restriction—one that shutters all abortion clinics, perhaps, or outlaws abortion after a fetal “heartbeat” is detected. With Kavanaugh providing the decisive fifth vote, the court will rule that the state law does not pose an “undue burden” to abortion access; after all, the government has an interest in “favoring fetal life,” and women who truly want an abortion can go to another state. The majority may not admit what it is doing. But in practice, it will be overturning Roe.
Kavanaugh is the ideal candidate to cast that fifth vote and even write the opinion. He has already proved that he can pretend to adhere to Roe while hollowing out its core holding. He has revealed a striking aptitude for intellectual dishonesty, pretending to follow precedent while enshrining anti-abortion dogma into law. His disingenuousness will be an asset on the Supreme Court. And within a few years, the United States will be a country of Jane Does.