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From Roe v. Wade to gun rights: A legal analysis of the Kavanaugh confirmation
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This is an archival story that predates current editorial management.

This archival content was originally written for and published on KPCC.org. Keep in mind that links and images may no longer work — and references may be outdated.

Sep 4, 2018
Listen 28:49
From Roe v. Wade to gun rights: A legal analysis of the Kavanaugh confirmation
With the Kavanaugh confirmation hearings in full swing, both Democrats and Republicans alike have questions regarding the candidate’s judicial history and how it might predict his stance on future issues.
US Supreme Court nominee Brett Kavanaugh listens during the first day of his confirmation hearing in front of the US Senate on Capitol Hill in Washington DC, on September 4, 2018. - President Donald Trump's newest Supreme Court nominee Brett Kavanaugh is expected to face punishing questioning from Democrats this week over his endorsement of presidential immunity and his opposition to abortion. Some two dozen witnesses are lined up to argue for and against confirming Kavanaugh, who could swing the nine-member high court decidedly in conservatives' favor for years to come. Democrats have mobilized heavily to prevent his approval. (Photo by SAUL LOEB / AFP)        (Photo credit should read SAUL LOEB/AFP/Getty Images)
US Supreme Court nominee Brett Kavanaugh listens during the first day of his confirmation hearing in front of the US Senate on Capitol Hill in Washington DC, on September 4, 2018.
(
SAUL LOEB/AFP/Getty Images
)

With the Kavanaugh confirmation hearings in full swing, both Democrats and Republicans alike have questions regarding the candidate’s judicial history and how it might predict his stance on future issues.

With the Kavanaugh confirmation hearings in full swing, both Democrats and Republicans alike have questions regarding the candidate’s judicial history and how it might predict his stance on future issues.

On the forefront of these is Roe v. Wade. Democrats fear that Kavanaugh will swing the Court to a conservative majority, creating a situation where the 1973 ruling could possibly be overturned. Additionally, Kavanaugh is expected to answer questions about heated topics such as the scope of executive power, health care, gun control and same-sex marriage.

We invite legal analysts from both sides of the aisle to discuss the candidate’s leanings on these issues and how they might play out if elected to the Supreme Court.

You can watch the hearing live at NPR.org.

Guests:

Domenico Montanaro, lead political editor at NPR; he tweets

Erwin Chemerinsky, dean and professor of law at UC Berkeley, who focuses on federal courts, constitutional law and appellate litigation; founding dean of the School of Law at UC Irvine; author of ten books, including “The Case Against the Supreme Court” (Penguin Books, 2015)

Josh Blackman, associate professor of law at South Texas College of Law; author of “Unraveled: Obamacare, Religious Liberty, and Executive Power” (Cambridge University Press, 2017); he tweets

Ilya Somin, professor of law at George Mason University where he specializes in constitutional law; he tweets

Credits
Host, AirTalk
Host, All Things Considered, AirTalk Friday
Senior Producer, AirTalk & FilmWeek
Producer, AirTalk with Larry Mantle
Producer, AirTalk with Larry Mantle
Associate Producer, AirTalk with Larry Mantle
Apprentice News Clerk, AirTalk
Apprentice News Clerk, FilmWeek