Justice Kavanaugh At Abortion Case Arguments: ‘Why Should This Court Be The Arbiter’ Rather Than Congress, States, ‘The People’

Justice Brett Kavanaugh questioned U.S. Solicitor General Elizabeth Prelogar during arguments concerning the Mississippi abortion case at the Supreme Court on Wednesday. 

 Kavanaugh made the point about why abortion is such a contentious issue in the country, and asked what Prelogar’s response would be to the state’s arguments that the states and the citizens should decide for themselves what their abortion laws should be.

Kavanaugh stated, “The other side says, though, that there are two interests at stake. That there’s also the interest in fetal life at stake, as well. And in your brief, you say that the existing framework accommodates — that’s your word — both the interest of the pregnant woman and the interest of the fetus. 


He asked, “When you have those two interests at stake, and both are important, as you acknowledge…why should this court be the arbiter rather than Congress, the state legislatures, state supreme courts, the people, being able to resolve this? – READ MORE