Contradicting Collins’ assurances, Kavanaugh casts vote against abortion rights

Abortion rights advocates in Maine and across the nation praised the U.S. Supreme Court’s 5-4 ruling striking down Louisiana’s draconian abortion restrictions. Many of those celebrations also pointed out that Justice Brett Kavanaugh had joined the other conservative justices in voting to erode reproductive rights, contradicting Sen. Susan Collins’ promise that he “considers Roe ‘precedent on precedent.'”

Enacted in 2014 by the Louisiana state Legislature, the law would have required physicians who perform abortions to have admitting privileges at a local hospital.

A district court overturned the law in 2017 on the grounds that it offers no benefits to women’s health that justify the burdens it places on abortion access, but a federal appellate court reversed the decision in 2018.

On Monday, the high court sided with the lower district court, ruling that its findings and underlying evidence support its conclusion that the law would “drastically reduce” access to abortion and make it impossible for many women to obtain a safe, legal abortion in the state.

The court also noted that the law is “nearly identical” to a similar Texas law that the court struck down in 2016. In that case — Whole Woman’s Health v. Hellerstedt (WWH) — the court found that the law posed an undue burden on access to abortion.

Writing for the majority, Justice Stephen Breyer said the district court’s findings “mirror” the Whole Woman’s Health case “in every relevant respect and require the same result.” Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan agreed.

Chief Justice John Roberts wrote a concurring opinion, citing the legal doctrine of stare decisis — the principle that obligates courts to follow previous rulings in similar cases.

Roberts joined the court’s conservative wing in its 2016 dissent in Whole Woman’s Health, arguing that the Texas law should have been upheld. In joining the court’s liberals Monday, he wrote that the question “is not whether Whole Woman’s Health was right or wrong, but whether to adhere to it in deciding the present case.”

Conservative justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh filed dissenting opinions in the case.

Kavanaugh vote may haunt Collins in November 

Many abortion providers and advocates in Maine said that Collins’ support for Kavanaugh, as well as Gorsuch, may become a key consideration for voters in November.

In a speech given on the Senate floor in October 2018 before casting the crucial vote for Kavanaugh’s confirmation, Collins said that he had assured her that the right to an abortion enshrined in Roe v. Wade was “precedent on precedent.”

“Today, the Supreme Court came within one vote of decimating access to safe, legal abortion — no thanks to Senator Collins,” said Amy Cookson, spokesperson for Planned Parenthood Votes in Maine.

“Susan Collins told Mainers we could trust Justice Kavanaugh to protect our reproductive rights,” Cookson continued. “But if Brett Kavanaugh had his way today, the court would have ignored precedent and allowed Louisiana to make it virtually impossible to obtain a safe, legal abortion. With 16 abortion cases just one step away from the Supreme Court, it’s clear Collins’ vote for Kavanaugh will have long-lasting repercussions for the future of safe, legal abortion in this country.”

Maine House Speaker Sara Gideon, who is running for the Democratic nomination to challenge Collins, called the ruling “a welcome victory,” but added that the decision “does not undo years of systematic attacks on reproductive rights by the Trump administration and Republicans across the country.”

“Senator Collins has consistently enabled those efforts by voting to confirm anti-choice nominees like Justice Kavanaugh, who voted today to restrict access to reproductive rights and showed that he will not respect precedent,” said Gideon, adding that if she is elected to the U.S. Senate, “I will fight to protect and expand access to reproductive health care and confirm judicial nominees who are fair, qualified, and respect precedent.”

NextGen Maine State Director Julian Snow pointed out that Collins’ votes to “defund” Planned Parenthood and  confirm both Kavanaugh and Gorsuch represented “a dangerous slide from pro-choice moderate to anti-abortion GOP puppet.”

“Young voters are now the biggest voting bloc in America and overwhelmingly support common-sense abortion access,” Snow said. “This November, we will take that power to the polls and elect a pro-choice senator who will fight for Mainers’ access to critical reproductive health care.”

Judicial decisions ‘are not enough’

In a joint statement, local independent abortion providers Maine Family Planning and Mabel Wadsworth Center reiterated the importance of providing the funding and support necessary to make the legal right to an abortion accessible for all people.

“Abortion remains safe and legal in Maine. But while abortion is less restricted in our state, it is still challenging for many people, especially Black, Indigenous and People of Color (BIPOC), LGBTQ+ folks, and those who are struggling to make ends meet, to access the care they need,” the statement read, adding that while the right to abortion is protected in Maine statute, it’s not yet enshrined in our state constitution.

“That’s why it’s important to vote for elected officials who support reproductive rights, donate to your local clinics and abortion funds, and challenge stigma around abortion care,” it continued.

Andrea Irwin, Executive Director of the Mabel Wadsworth Center, said, “Every person should be able to make their own decisions about their health, their lives, their families, and their futures. Protecting the legal right to abortion is not enough; it has never been enough.”

Meagan Gallagher, President and CEO of Planned Parenthood of Northern New England, also issued a statement reiterating the importance of access to this legal right. “Abortion is safe and legal in Maine, New Hampshire, Vermont, and in every state in America. Yet, far too many people — particularly people of color and people struggling to make ends meet — live in a world where the ability to obtain an abortion is still determined by where you live, how much money you make, and the color of your skin,” Gallagher said. “This is simply unacceptable.”

Photo: Sen. Susan Collins meets with Justice Brett Kavanaugh ahead of his confirmation to the U.S. Supreme Court. | Zach Gibson, Getty Images