Judge Brett M. Kavanaugh, who voted with the majority in September to allow the Texas law To go into effect, you may be the court member most open to switching sides on the issue. Although his voting record on abortion cases has consistently supported abortion restrictions, he has made occasional comments advocating more moderate positions than those of his colleagues.
In 2019, for example, when the court temporarily blocked a Louisiana law restricting abortions, Justice Kavanaugh he dissented, taking an intermediate position that recognized the key precedent and said he would have preferred to have more information on the precise effect of the law.
In 2017, when he was still a federal appeals court judge, he disagreed with a decision allowing an undocumented teenager in federal custody to obtain a abortion, writing that the majority’s reasoning was “based on a constitutional principle as novel as it is incorrect: a new right for illegal immigrant minors detained by the United States government to obtain an immediate abortion on demand.” He said it would have given the government more time to find a sponsor for the teenager.
But Judge Kavanaugh did not join a separate dissent from Judge Karen LeCraft Henderson, who wrote that the teenager did not have the right to an abortion because she was not a citizen and had entered the country illegally.