Trump contradicts Hawley, saying Coney Barrett’s views on Roe v. Wade are not known
Missouri Republican Sen. Josh Hawley told reporters Tuesday that Supreme Court nominee Judge Amy Coney Barrett’s record shows she considers the 1973 ruling that legalized abortion to be “an act of judicial imperialism.”
But a few hours later, in his debate with former Vice President Joe Biden, President Donald Trump disputed the idea that Coney Barrett has made public her views on Roe v. Wade.
In the early minutes of their encounter, Biden, the Democratic nominee, said Roe v. Wade is on the November ballot because of the fight for control over the court, a line that immediately drew an objection from Trump.
“It’s not on the ballot,” Trump interjected. “There’s nothing happening there. You don’t know her view on Roe v. Wade.”
Trump’s pushback contradicts Hawley’s assertion to reporters that Coney Barrett has a clear record of opposition to Roe.
The disconnect between Trump and Hawley, a member of the Senate Judiciary committee and possible contender for the 2024 presidential nomination, underscores how his focus on abortion could complicate Coney Barrett’s confirmation process.
The Missouri Republican’s repeated insistence that Coney Barrett believes Roe v. Wade was wrongly decided is likely to be used against her by Democrats when confirmation hearings begin October 12.
During a July speech, Hawley said he would only vote for Supreme Court nominees “who have explicitly acknowledged that Roe v. Wade was wrongly decided.” Hawley restated his pledge on Twitter a day after Justice Ruth Bader Ginsburg’s death created a vacancy.
But he has softened that stance since Coney Barrett’s nomination. He is set to meet Thursday with the federal judge from Indiana.
He told reporters Tuesday that he did not need to ask her about abortion because he already knows where she stands on Roe based on her record.
“I think her record’s awfully clear. I think that’s one where she meets my standard of having evidence in the record, out there in public, on the record that indicates that she understands Roe was really an act of judicial imperialism and wrongly decided,” Hawley said Tuesday, according to the Senate press pool.
Hawley’s office did not respond to questions Tuesday night and Wednesday about Trump’s assertion that Coney Barrett’s view of the decision is unknown.
Coney Barrett, a devout Catholic and former Notre Dame University law professor, said in 2013 that she believes life begins at conception, according to an article from Notre Dame Magazine, which paraphrased her on this point.
This statement and others have been used by advocates on both sides of the abortion debate to infer how she would rule on Roe. But many conservative activists have been quick to point out she hasn’t taken an explicit stance.
She said during a 2013 lecture that she thinks it’s unlikely that the court will overturn Roe. Three years later, she said the main question now is to what degree the court will allow states to regulate abortion.
“She hasn’t said that she will overturn Roe,” Terry Schilling, the executive director of the conservative American Principles Project, told The Star last week. “Democrats always ask if a nominee is planning to overturn Roe. And it’s a trap.”
This story was originally published September 30, 2020 at 10:26 AM.
