President Trump’s Supreme Court nominee Brett Kavanaugh questioned whether Roe v. Wade was the “settled law of the land” in 2003 while he worked as a White House lawyer in the Bush administration, according to emails leaked to the New York Times.
According to the emails obtained by the newspaper, Kavanaugh proposed deleting a line out of the draft of an opinion piece that said “it is widely accepted by legal scholars across the board that Roe v. Wade and its progeny are the settled law of the land.”
Kavanaugh then questioned if legal scholars did agree that Roe v. Wade, the landmark 1973 ruling that established a woman’s right to obtain an abortion, was settled.
“I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current Justices on the Court would do so,” Kavanaugh wrote.
The email was part of a batch of “committee confidential” documents given to the newspaper.
The “committee confidential” designation blocks the emails from being released or discussed publicly by Democrats in questioning him in hearings this week.