Abortion Flashcards
Regardless of how you would apply the Supreme Court’s precedent, do you believe that a woman has a constitutional right to have an abortion?
Recently, the Supreme Court ruled in Dobbs that the the authority to regulate abortion is returned to the people and their elected representatives. If confirmed, I will follow Dobbs as the law of the land.
If confirmed, my opinion and personal views would play no role in my view of a case. I would review the facts of the case, the controlling law, and apply the law to those facts.
Does human life begin at conception?
I am not aware of any Supreme Court decision definitively addressing when human life begins.
If confirmed, and if a case came before me that required me to evaluate when human life begins, I would review the facts and record of the case and apply all relevant Supreme Court and 9th Circuit precedent.
Is when a “fetus is viable” a scientific question?
The Supreme Court noted in Planned Parenthood v. Casey that medical advances had advanced fetal viability beyond what was previously possible.
I’m not aware of any Supreme Court case stating what that point is, so it’s an intensely factual determination that would need to be made in the context of a case.
Is “when does life begin” a factual question?
In Planned Parenthood v. Casey, the Supreme Court stated, “the right to define one’s own concept of existence” …is “[a]t the heart of liberty.”
Beyond that, it wouldn’t be appropriate for me in this setting to offer an opinion as to the framework for evaluating that question because I would be showing prejudgment on the issue and forecasting how I might rule.
Do you agree with Dobbs?
Dobbs is the law of the land. If confirmed, and asked to consider issues of abortion, I would have no hesitation in applying Dobbs and other controlling precedent.
Respectfully, it’s not a matter of whether I agree or disagree.
