Abortion, Justice Kennedy, and Judge Kavanaugh

One of 260 reports in the series: CRS Legal Sidebar available on this site.

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Description

This report addresses the questions that have arisen about the future of the Supreme Court's abortion jurisprudence, after the recent retirement of Justice Kennedy, the last remaining justice from the Casey plurality. The report first reviews the undue burden standard set from the Casey decision and discusses Justice Kennedy's views on the standard in the case law that has developed since Casey. Then, in light of President Trump's July 9, 2018 nomination of Judge Brett Kavanaugh to replace Justice Kennedy, it examines Judge Kavanaugh's only substantive abortion opinion: a dissent in the 2017 case from the U.S. Court of Appeals ... continued below

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7 pages.

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Shimabukuro, Jon O. August 8, 2018.

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  • Main Title: Abortion, Justice Kennedy, and Judge Kavanaugh
  • Series Title: CRS Legal Sidebar

Description

This report addresses the questions that have arisen about the future of the Supreme Court's abortion jurisprudence, after the recent retirement of Justice Kennedy, the last remaining justice from the Casey plurality. The report first reviews the undue burden standard set from the Casey decision and discusses Justice Kennedy's views on the standard in the case law that has developed since Casey. Then, in light of President Trump's July 9, 2018 nomination of Judge Brett Kavanaugh to replace Justice Kennedy, it examines Judge Kavanaugh's only substantive abortion opinion: a dissent in the 2017 case from the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit), Garza v. Hargan. Finally, as lower courts continue to apply the undue burden standard to new abortion regulations, the report concludes by noting some of the abortion cases that the Supreme Court could possibly review in the near future.

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7 pages.

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Congressional Research Service Reports

The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1960's through 2018—covering a variety of topics from agriculture to foreign policy to welfare.

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  • August 8, 2018

Added to The UNT Digital Library

  • Sept. 20, 2018, 11:29 a.m.

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Shimabukuro, Jon O. Abortion, Justice Kennedy, and Judge Kavanaugh, report, August 8, 2018; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1248282/: accessed June 26, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.