From Abortion, Justice Kennedy, and Judge Kavanaugh (LSB10185, August 8, 2018):
This Legal Sidebar addresses these questions by first reviewing the undue burden standard and generally discussing Justice Kennedy’s views on the standard in the case law that has developed since Casey. The Sidebar then, in light of President Trump’s July 9, 2018 nomination of Judge Brett Kavanaugh to replace Justice Kennedy, examines Judge Kavanaugh’s only substantive abortion opinion: a dissent in the 2017 case from the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit), Garza v. Hargan. Finally, as lower courts continue to apply the undue burden standard to new abortion regulations, the Sidebar concludes by noting some of the abortion cases that the Supreme Court could possibly review in the near future.