SCOTUS Nominee Gorsuch Would Not Repeal Roe v. Wade

Roe v Wade

During his Senate confirmation hearing Tuesday, Supreme Court nominee Neil Gorsuch abstained from articulating a position on abortion, but did explain that he views it as precedent.

“I would tell you that Roe v. Wade, decided in 1973, is a precedent of the United States Supreme Court. It has been reaffirmed, the reliance interest considerations are important there and all of the other factors that go into analyzing precedent have to be considered,” Gorsuch said.

“It is a precedent of the United States Supreme Court; it was reaffirmed in Casey in 1992 and in several other cases. So a good judge will consider it as precedent of the United States Supreme Court worthy of treatment as precedent like any other,” he added.

When asked how he would have ruled on Roe v. Wade, Gorsuch said, “If I were to tell you which are my favorite precedents or which are my least favorite precedents or if I viewed precedent in that fashion, I would be tipping my hand and suggesting to litigants that I’ve already made up my mind about their cases. That’s not a fair judge. I didn’t want that kind of judge when I was a lawyer and I don’t want to be that kind of judge now.”

In response to a question as to whether or not he viewed Roe v. Wade as a super-precedent, Gorsuch said, “It has been reaffirmed many times. I can say that.”

The high regard for the precedent set by Roe v Wade is contrary to the views of many Trump supporters. Exit polls suggested that four out of five evangelicals supported Trump, citing a shared opposition to the 1973 ruling that a woman’s right to have an abortion is upheld under the Due Process clause of the 14th Amendment.

Evangelical leaders such as James Dobeson, Jerry Falwell Jr., Pat Robertson, and Wayne Grudem all endorsed Trump, with abortion as their main political concern.

Of Gorsuch, Trump said in an interview with Christian Broadcasting Network, “I think evangelicals, Christians will love my pick.”


Photo: USA Today

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Brandon Kirby

Brandon Kirby has a philosophy degree with the University of New Brunswick. He works for a Cayman Island hedge fund service firm, owns a real estate company, and has been in the financial industry since 2004. He is the director of Being Libertarian - Canada. He is a member of the People’s Party of Canada and the Libertarian Party of Canada.


  1. Your assumptive statement that Gorsuch would not repeal Roe v. Wade is just that…an assumption. Gorsuch would NEVER make that statement. He rules on whatever case is before him based on the law and precedent.

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