A Statement from Center for Arizona Policy President Cathi Herrod

Tonight, President Donald Trump nominated Judge Brett Kavanaugh to the U.S. Supreme Court.

Our founders never intended for the judicial branch to be a policy-making body. Yet that’s what we have witnessed for decades. I look forward to seeing our highest court set the standard for all courts in returning to their purpose: to uphold the text of the Constitution, and say what the law is and not what it should be.

Judge Kavanaugh’s record indicates that he would be a justice who would look to the text of the Constitution and rule accordingly. The U.S. Senate should move swiftly to confirm Judge Kavanaugh .

Over the next two months, those who want a judiciary that makes the law will scream and holler about many unfounded outcomes of this nomination. The focus should be on the nominee’s legal credentials and judicial philosophy, not on spurious and unrelated personal attacks. This is a moment for civility, not mean-spirited attacks.

Speculation as to what would happen to cases like Roe v Wade legalizing abortion or the Obergefell decision legalizing same-sex marriage is just that –speculation. The U.S. Supreme Court historically seldom overturns what the justices consider to be settled precedent.

As for Arizona, the Arizona law outlawing abortion enacted prior to Roe remains on the books. However, anyone who tells you abortion would automatically be illegal in our state should Roe be overturned doesn’t know what they are talking about. The specific language of any Supreme Court decision involving Roe would largely determine that outcome.

I encourage our two Arizona Senators, Senator John McCain and Senator Jeff Flake, to do all they can to support this nomination.