Not long after President Donald Trump nominated Federal Appeals Court Judge Brett Kavanaugh to the U.S. Supreme Court, protesters, along with a handful of Democratic senators, gathered in front of the Supreme Court vowing to block the nomination.
If confirmed, Kavanaugh would make the high court solidly conservative. It would give the court a potential five-vote conservative majority, enough to overturn Roe v. Wade, giving women the right to an abortion.
Vanderbilt Law professor Brian Fitzpatrick doesn't adhere to that thinking. He is as sure as any lawyer can be that a woman's right to an abortion will not be overturned.
"Roe v. Wade will be here forever," said Fitzpatrick.
Fitzpatrick believes gay marriage will also be upheld if Kavanaugh is confirmed to the high court.
He not only is a Constitutional Law expert, but Fitzpatrick also knows the thinking of a Supreme Court Justice. He clerked for Justice Antonin Scalia 16 years ago.
Fitzpatrick said there is a long-held doctrine at the Supreme Court that most justices adhere to, “Let Things Stand.”
Working from the inside at the Supreme Court, Fitzpatrick said justices are reluctant to overturn past decisions.
"They are a conservative institution, not only politically, but institutionally. They don't want the court to have any repute placed upon it by the American people, that would be the result, and they know that, so they are going to play things close to the vest, they are not going to overrule these iconic decisions.”
Fitzpatrick also believes Americans should focus on future - not past - decisions.
"I think there's nothing to worry about with regard to Roe v. Wade. The things to be worried about are the future cases. that's where a Justice Kavanaugh, if confirmed, can make a difference," said Fitzpatrick.
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