Judge Brett Kavanaugh’s Confirmation Would Put Women’s Health Care And Reproductive Rights In Jeopardy

September 5, 2018

One thing is certain, the confirmation of Judge Kavanaugh poses a threat to a number of critical issues, among them being women’s health care and reproductive rights.

Kavanaugh on Women’s Freedom

The right of women, including Latinas, to make decisions about their own bodies is under assault by the Trump Administration – and these rights are now threatened by the nomination of Judge Kavanaugh to the Supreme Court.

 President Trump promised to nominate a Supreme Court Justice who would be “pro-life” and potentially overturn Roe v. Wade, and Judge Kavanaugh’s record suggests that he is hostile to women’s health care and reproductive freedoms. Last September at the American Enterprise Institute in a Constitution Day address, Judge Kavanaugh praisedSupreme Court Justice Rehnquist for dissenting in Roe v. Wade and fighting against the “free-wheeling judicial creation of unenumerated rights that were not rooted in the nation’s history and tradition.”

In the Graza v. Hargan case, in which the court upheld the right of a young woman to receive an abortion, Kavanaugh dissented, arguing that it was unwise and a breach of the court’s practices. In his dissent, Kavanaugh said: “The majority apparently thinks that the Government must allow unlawful immigrant minors to have an immediate abortion on demand,” and called the majority's approach "a radical extension of the Supreme Court’s abortion jurisprudence."

Judge Kavanaugh could overturn years of precedent when it comes to women’s freedom. This, in light of the fact that historically, Latinas have lacked accessto quality reproductive health and preventive services, resulting in major health inequities and poorer Latina health outcomes, shows how much is at stake for the Latino community if Kavanaugh is confirmed to the Supreme Court. 

#WhatsAtStake for the Latino Community            

President Trump’s nomination of Judge Kavanaugh to the Supreme Court is an assault on Roe v. Wade and Latinas right to reproductive healthcare.

According to the National Latina Institute for Reproductive Rights, access to safe and affordableabortion services remains a challenge for Latinas. Compared to white women, Latinas are twice as likely to experience unintended pregnancy; however, Latinas are also less likely to be able to afford abortion services. Because Latinas have the highest uninsured rate, seeing a provider and accessing affordable contraception is not an option for many women.

In fact, the majority of Latino/a voters agree with the decision in Roe v. Wade and do not want to see it overturned. This belief is in line with that of nearly two-thirds of Americans who want the next Supreme Court justice to protect women’s health care and reproductive rights. In a new Gallup poll released today, 64 percent of respondents stated that Roe v. Wade should remain settled law.

Given what’s at stake, Judge Kavanaugh has an obligation to be clear about where he stands should a case that could undermine women’s freedom, and deeply impact Latinas, reach the Supreme Court.