In 1973’s landmark decision Roe v. Wade, a 7-2 majority ruled that a woman’s right to abortion is implicit in the right to privacy protected by the 14th Amendment. In 1992, Casey v. Planned Parenthood reached the Supreme Court. Roe v. Wade was reaffirmed with the addition that states may regulate abortion given there is not an undue burden placed on women trying to get an abortion. Currently in Virginia ,first trimester abortions are not restricted, second trimester abortions are limited to a licensed hospital, and third term abortions are only legal in cases where the mother’s life or well being is endangered, but each state has different laws.But, Roe v. Wade is not a concrete decision. The right to privacy is not explicit in the 14th Amendment; the phrasing is “no state will deny to any person within its jurisdiction equal protection under the law.” Over the years, some Justices have interpreted to guarantee the right to privacy. Justice Blackmun of Roe v. Wade interpreted this phrase to also include the right to an abortion. Supreme Court Justices have freedom to interpret the Constitution as literally or as loosely as they want. Roe v. Wade is based on a thin line of reasoning which, according many justices, including Trump’s Supreme Court nominee Kavanaugh, is not solid.
In 2016, President Trump pledged to put pro-life Justices on the Supreme Court. Recently, he nominated Brett Kavanaugh. For Kavanaugh to be officially appointed as a Supreme Court Justice, 2/3 of the Senate must concur with Trump’s nomination. With the current Senate consisting of 51 Republican senators and 49 Democratic senators it is highly probable that Kavanaugh will be sworn in. Last week, emails Kavanaugh wrote in 2003 were leaked revealing that Kavanaugh does not consider Roe v. Wade settled law of the land and that the Supreme Court could overturn it at any point. Kavanaugh’s appointment would bring Roe v. Wade back into question. Kavanaugh’s appointment would place conservative Chief Justice Roberts as the swing vote leading a conservative majority to restrict access to abortion. If Brett Kavanaugh gets confirmed as a Supreme Court Justice, he will replace liberal Justice Kennedy. The Supreme Court will be majority conservative in addition to conservative senate and president. This will lead the way for furthering the Conservative agenda–including limiting abortion.