By Janine Warrington
At the end of this month, Supreme Court Justice Anthony Kennedy will be retiring, making space for Trump’s second nominee to the Court.
Justice Kennedy has been serving on the court since 1988, appointed by President Reagan. In 1992, Kennedy co-authored a compromising decision for Planned Parenthood v. Casey in which, rather than overturning Roe v. Wade entirely, allowed states to determine the restrictions they would place on abortion. In 2007, Kennedy delivered the opinion in Gonzales v. Carhart, which debated the constitutionality of “partial-birth abortion.” In the opinion he wrote, “While we find no reliable data to measure the phenomenon, it seems unexceptionable to conclude some women come to regret their choice to abort the infant life they once created and sustained. Severe depression and loss of esteem can follow.” Using this argument of a pregnant woman’s inability to make the right decision regarding second-trimester abortion, the Supreme Court upheld the Partial-Birth Abortion Ban Act of 2003. In 2015, Kennedy also delivered the opinion in Obergefell v. Hodges, which determined the constitutionality of same-sex marriage. Appealing to history and tradition, Kennedy argued that marriage is rightfully defined as a union between a woman and a man. Considered the swing-vote on the Court for years, Kennedy has certainly demonstrated his personal leanings regarding these issues.
Time will tell whether Brett Kavanaugh will follow in Kennedy’s ideological footsteps. Kavanaugh has not expressed a definite opinion on Roe v. Wade, but his previous opinions in the D.C. Circuit Court indicate where he stands. In 2017, when the Court permitted a 17-year-old Central American immigrant to receive an abortion in Texas, Kavanaugh expressed disagreement with this decision. Similarly to Kennedy’s opinion in Gonzales v. Carhart, Kavanaugh felt that this young woman needed a sponsor to help her make an informed decision, believing that without her parents she was not in a place to be able to do so.
This appointment will be very influential in shaping the future opinions of the Supreme Court, and some are very excited about this. At a church event recently, a family friend expressed his excitement at the possibility of Roe v. Wade being overturned. This friend has several children who he loves deeply, and I understand why the idea of terminating pregnancy upsets him. The idea of a potential baby not making it into the world is tragic, but abortion is not so black-and-white. The decision to end a pregnancy is complicated and nuanced and very difficult for many of the women who have to make such a decision.
About a year ago, I saw a man on a street corner with a sign. It wasn’t a huge, color-printed sign flaunting the evils of abortion. It was a cardboard sign that simply read, “Pray to end abortion.” For a fleeting moment, I was angry with this man. I argued with him in my mind, saying that outlawing abortion wouldn’t necessarily end it and that he had no right to decide the fate of millions of women who are perfectly capable of making their own decisions. But then, I reflected on his sign. It didn’t say, “Outlaw abortion,” or even “Abortion is wrong.” It said, “Pray to end abortion.” And then, as I was driving, I did. I prayed for better health education in our schools so that students would learn how to prevent unwanted pregnancies. I prayed for an end to rape and incest. I prayed for funding to be directed toward orphanages and adoption agencies. I prayed that children who couldn’t be raised by their biological parents would be found by loving adoptive or foster parents. I prayed that our society would learn to accept and respect same-sex parents as serious adoptive candidates.
Abortion is a divisive and, for many, deeply personal issue. It is a tragic occurrence born often of necessity, and so it is a subject which should be approached with sensitivity and care. Soon-to-be Justice Kavanaugh wants and end to abortion, and so do I. I just hope and pray that our nation can find productive ways of reducing abortion rates while protecting women’s rights and dignity.
