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The Kavanaugh Hearings Should Focus on Planned Parenthood v. Casey, Not Roe v. Wade

In the first few days of his confirmation hearings,Judge Brett Kavanaugh has already been doggedly questioned on his views on abortion, specifically whether he will overturn Roe v. Wade. The attention on his views is warranted. If Judge Kavanaugh is confirmed to the U.S. Supreme Court, the 5-4 conservative majority will have the ability to overturn the court-protected “right” to abortion.

But contrary to conventional wisdom, Roe v. Wade is no longer the main constitutional guardian for abortion access. While Roe established that the constitutional right to privacy extends to the choice of whether to abort a baby, most …

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