Page 12
July 18, 2018
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What’s at Stake if Kavanaugh Joins the Court?
Hard won rights
are at risk
o livia a lperstein
President
Donald
Trump has nominated
Judge Brett Kavana-
ugh to replace former
Supreme Court Justice
Anthony
Kennedy.
Why should you care?
Because everything from repro-
ductive rights to voting, education,
and health care is now at stake.
Kavanaugh, a judicial ideo-
logue committed to pulling the
Court further to the right, may also
reverse decades of key rulings that
uphold the constitutional right to
personal liberty and autonomy.
All Americans say they value
personal freedom, especially the
right to make our own decisions
about our private lives. Every day,
we take that liberty for granted,
from exercising our right to free
speech to lighting up sparklers on
the Fourth of July. Cherishing our
liberties is as American as apple
by
pie — but our right to exercise
those liberties could be undone.
Nowhere is the issue more criti-
cal than on reproductive
rights.
Kavanaugh’s
nomination will mean
a major battle to undo
key protections in Roe
v. Wade, the landmark
1973 Supreme Court
case that firmly estab-
lished the right to access
safe, legal abortion.
Striking down Roe would im-
mediately outlaw abortion in
states where pre-Roe anti-abor-
tion laws are technically still on
the books. As many as 22 states
could be impacted over the course
of two years.
That’s bad enough. But it’s also
critical to remember the reasoning
behind the historic 7-2 ruling: that
people have a constitutional right
to privacy.
Specifically, the Supreme Court
upheld and enshrined the protec-
tions included in the First, Fourth,
Ninth, and Fourteenth Amend-
ments, holding that those protec-
tions applied to decisions a person
might make about their own body.
Ultimately, that decision in-
formed several other critical rul-
ings, including cases that forbade
bans on same-sex romantic rela-
tionships and affirmed the right to
same-sex marriage. According to
Roe, the right to make your own
choices is one of the founding prin-
ciples that govern this country.
If Roe is overturned, that could
set off a chain reaction that up-
ends this critical foundation be-
hind other landmark cases — both
those that came before and those
that came after.
The constitutional right to pri-
vacy informed Loving v. Virginia,
which struck down criminaliza-
tion of interracial marriage, and
Griswold v. Connecticut, which
enabled the legalization of contra-
ceptives. The constitutional right
to privacy also played a key role
in Carpenter v. United States, a re-
cent ruling that prohibits warrant-
less collection of cellphone users’
data without reasonable cause.
Judicial precedent set by the
Supreme Court has built a sol-
id foundation for interpretation
of the law — but all it takes is a
stacked court to have that founda-
tion tumble like a house of cards.
Supreme Court appointments
are for life. The rulings these jus-
tices make affect the entire judi-
cial system for decades, if not cen-
turies, to come. Each year, dozens
of critical cases come before the
court that deeply impact people’s
rights and daily lives.
While outgoing Justice Antho-
ny Kennedy wasn’t perfect, he
was committed to upholding the
personal right to privacy as en-
shrined in U.S. law. Kavanaugh,
however, could roll back our hard-
won freedoms — and those of fu-
ture generations.
The Senate will be voting soon
on whether to confirm Kavana-
ugh. A lot more than just a vacant
bench hangs in the balance.
Olivia Alperstein is the Deputy
Director of Communications and
Policy at Congressional Progres-
sive Caucus Center. Distributed
by OtherWords.org