September 11, 2018 (LifeSiteNews) – When Judge Brett Kavanaugh, at his confirmation hearing, was asked by U.S. Sen. Dianne Feinstein (D-CA) whether he believed Roe v. Wade was the “settled law of the land,” he answered in the affirmative – as we expected him to. Kavanagh agreed that Roe v. Wade set a precedent that was reaffirmed by Planned Parenthood v. Casey. Kavanaugh referred to this dynamic of a second court case settling an existing precedent as “precedent upon precedent.” Pro-lifers might be worried this means that Kavanaugh believes abortion is an unchangeable policy that is set in stone. But that’s not the case.
What Kavanaugh is confirming is that yes, these things are currently precedent. That’s it. He’s not making a moral argument for abortion. He is not even saying he agrees with it. And he carefully refrained from stating whether he believes Roe was correctly decided.
He is simply making a factual statement. If one reads between the lines of what he is not saying, it could be concluded that just because a precedent has been established, it does not mean that it cannot be dismantled. Precedents don’t last forever. Precedents can be wrong. And there is no precedent more widely criticized by appellate judges than Roe. A repetition of an error does not make it any less of an error.
Study Constitutional history, and you can conclude that the days of Roe v. Wade are numbered. The reason for this is that the foundation of the Constitution itself
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