Senator Josh Hawley on Monday doubled down on his call for the Senate to confirm a Supreme Court justice who believes that Roe v. Wade, the Supreme Court case that legalized abortion nationwide, was wrongly decided.
“For years Republican senators have promised that they would confirm pro-Constitution, pro-life justices to that bench. Now it’s time to do it,” Hawley said Monday on Fox News. “No more stealth nominees. No more secret moderates. We need a strong, tough conservative, someone who understands that Roe, for instance, was wrongly decided.”
The Missouri Republican is a member of the Senate Judiciary Committee, which is expected to hold confirmation hearings in the coming weeks on President Trump’s upcoming pick to replace Justice Ruth Bader Ginsberg, who died on Friday.
In July, Hawley promised that he would only vote for judges who have previously indicated that they believe the 1973 ruling “as a legal matter, is wrongly decided.”
“I will vote only for those Supreme Court nominees who have explicitly acknowledged that Roe vs. Wade is wrongly decided,” Hawley said. “By explicitly acknowledged, I mean on the record and before they were nominated.”
Planned Parenthood Action Fund remarked on Hawley’s stance, saying his “comments demonstrate just how out of touch anti-abortion politicians are.”
Abortion has figured prominently in several previous Supreme Court confirmation battles, including the Senate hearings to consider Trump’s two other nominees, Justices Neil Gorsuch and Brett Kavanaugh. Neither justice committed to opposing Roe during their confirmation hearings: Gorsuch called the decision “the law of the land” and Kavanaugh noted that the case has been “reaffirmed many times.”
Democrats have threatened to “pack” the court by adding more justices if the Republican-held Senate confirms a third Trump nominee to the Supreme Court.
“When Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court,” said Senator Ed Markey, a Massachusetts Democrat.
Trump announced this week that he plans to reveal his nominee to fill Ginsburg’s seat by the end of the week. On Monday, he met at the White House with appeals court Judge Amy Coney Barrett, who is reportedly considered the front runner.