The Court on Wednesday will listen to arguments in Dobbs v. Jackson Women’s Health Organization, the most critical abortion case since Roe v. Wade.
The 1973 Roe v. Wade ruling legalized abortion nationwide.
The Dobbs case will force the justices to reconsider the constitutionality of a Mississippi law that restricts abortions after 15 weeks of pregnancy with exemptions for health emergencies and fetal abnormalities.
A Jackson, Mississippi clinic is hitting the law on constitutional grounds, and the state has answered by asking the Court to overthrow Roe v. Wade altogether.
Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch — the Court’s most Conservative justices — have condemned Roe to different degrees.
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Justice Amy Coney Barrett was related with pro-life causes as a law professor and has challenged Roe's precedential weight in her scholarly writing, the Free Beacon said Monday.
That would leave Chief Justice John Roberts and Kavanaugh as potential deciding votes on the nine-member Court.
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The Free Beacon reported that a review of Kavanaugh's opinions suggests openness to overturning Roe despite the judge having written very little about abortion in 15 years on the federal bench.
"A canvass of those writings shows a preference for caution and restraint. But Kavanaugh has left a trail of anti-Roe breadcrumbs in his citations and approving references to pro-life authorities," the Free Beacon’s Kevin Daley wrote.
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"Abortion was a dominant theme of Kavanaugh's bitter confirmation fight, and a decision upholding Roe even in part would deflate social conservatives and ignite a circular firing squad in the GOP."
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Kavanaugh wrote a soft objection after the U.S. Court of Appeals for the D.C. Circuit ordered in 2017 that the federal government interfered with a woman's right to have an abortion.
When the Supreme Court ruled on June Medical Services, LLC v. Russo — a challenge to a Louisiana law demanding abortion providers to have admitting privileges at a nearby hospital — Roberts and the Court's four liberal justices temporarily blocked the law in February 2019.
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Kavanaugh gave a short solo objection, saying the Court needed more data about the precise consequences of the law.
The next year, Kavanaugh followed the minority in a 5-4 decision that struck down Louisiana's law.
In September, an organization known as "ShutDownDC" held a protest outside Kavanaugh’s home in Maryland over his vote with the majority refusing to prevent a Texas law banning most abortions in a 5-4 decision.
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Court watchers are expecting a decision on Texas' ban on abortion after roughly six weeks.
The Texas law bans abortion once a cardiac activity is discovered in the fetus, often around six weeks, before some women know they’re pregnant, and it makes no exemptions to rape or incest.
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