Brett Kavanaugh showed how he will chip away at Roe v Wade in his separate Louisiana abortion case dissent
Brett Kavanaugh testifies before Senate Judiciary Committee (MSNBC/screen grab)

On Friday, opinion writer for the Daily Beast, Jay Michaelson, explained that Justice Brett Kavanaugh won't fully eradicate Roe v. Wade, but will seek ways to undo it "bit by bit."


In an abortion case, taken up by the Supreme Court, a Louisiana law would require doctors giving abortions to have "admitting privileges" at a hospital within "30 miles of the facility where the abortion is performed."

Kavanaugh voted to uphold the law, revealing how he might handle cases in the future.

U.S. Supreme Court blocked the Louisiana law in a 5-4 vote. 

"The action is more significant as an indicator of how the newly configured Supreme Court will preserve or erode the constitutional rights of women seeking abortions," the report said. "And in that regard, the signals are decidedly mixed."

If the Supreme Court upheld the law It would make would make it more difficult for a woman to get an abortion by decreasing the number of doctors who can provide them.

"By way of analogy, suppose a state passed a law that said all political protest signs must be professionally printed instead of handwritten," Michaelson said. "That law is unconstitutional on its face, even if everyone can hire and pay for a professional printer. It’s a totally unjustified regulation of political speech that places an undue burden on people trying to exercise their rights."

Michaelson explained that if the law had been upheld, it would have a domino effect by opening the door for more restrictive laws in other states.

"Justice Kavanaugh’s logic would allow all kinds of pointless regulations, as long as doctors could somehow comply with them," he said.

Read the full report here.