Justice Brett Kavanaugh asked a question that seems aimed at the arguments made by abortion rights advocates that a decision overturning Roe v. Wade would be a step towards the Supreme Court eventually issuing a decision that would outlaw abortion nationwide.
Kavanaugh asked Mississippi Solicitor General Scott Stewart to confirm that his state is not making an argument that the court should prohibit abortion.
Mississippi is arguing that the Constitution is silent or neutral on the abortion question. Kavanaugh asked Stewart to confirm, which he did.
“We’re saying it's left to the people, your honor,” Stewart said.
Kavanaugh suggested that a majority of states – or at least many states – would maintain abortion access.
“I don’t think anybody would be moving to change their laws in a more restrictive direction,” Stewart said.
More background: Kavanaugh was confirmed after a contentious process in 2018, which included assuring GOP Sen. Susan Collins of Maine that he wouldn’t overturn Roe.
But his questions signal that he is open to voting in favor of a decision that would drastically limit Roe, if not reverse it outright.