Abortion rights

During his confirmation hearings, Judge Kavanaugh answered diplomatically when asked about his views on ending a pregnancy. He noted that he “understands the precedent” of Roe v. Wade, but liberals are worried that Kavanaugh will be the deciding vote to strike down the ruling. In a case last year, Kavanaugh ruled that the government “has permissible interests in favoring fetal life, protecting the best interests of a minor and refraining from facilitating abortion.” Outgoing justice Anthony Kennedy was the swing vote supporting Roe v. Wade. Time will tell if his protégé votes similarly.

Second Amendment

Kavanaugh is considered a firm supporter of the right to bear arms. Therefore, as long as the court’s conservative majority is maintained, it’s not likely that we will see significant limitations on firearms.

Indictment of a sitting president

In 2009, Judge Kavanaugh wrote that Congress should enact a law that will prevent the criminal indictment of a sitting president. During his hearings, he refused to expand on the subject, claiming that it’s a hypothetical matter. How and when the Robert Mueller investigation ends might make it less hypothetical than real.

Religious freedom

Kavanaugh is a practicing Catholic and his faith is an important part of his life. During his confirmation hearing, he said: “It’s important to recognize that the First Amendment to the Constitution, as well as many statutes, of course, protect religious liberty in the United States,” adding, “I’ve said in some of my opinions, we are all equally American, no matter what religion we are or no religion at all — and that means religious speakers and religious people have a right to their place in the public square.” Issues of religious freedom are critically important to the Jewish community.

Death penalty

In a speech last year, Kavanaugh spoke approvingly of former chief justice William Rehnquist’s support for the death penalty. A current case on the Supreme Court roster, Madison v. Alabama, involves the question of whether the death penalty can be imposed on a prisoner suffering from dementia. Vernon Madison, who’s been on death row for 30 years, doesn’t remember the murder he committed in 1985.

Immigrant rights

In the spring, the court will likely consider whether undocumented immigrant children can stay in the country. Though Kavanaugh hasn’t ruled extensively on the subject, he has been critical of extending rights to immigrants in previous opinions.

(Originally featured in Mishpacha, Issue 730