On Wednesday, New York Gov. Andrew Cuomo threatened to “sue” if the Supreme Court overturned the 1973 abortion rights case Roe v. Wade, based on fears that the case would be overturned if nominated conservative judge Brett Kavanaugh were to be confirmed.
Speaking to a group of supporters in Poughkeepsie, New York, he made the comment in the context of calling on conservatives in the New York State Senate to pass a law that would offer similar protection to women seeking an abortion as Roe v. Wade.
“I want to get it done before the Supreme Court does that because I don’t want any gap in a woman’s right to protection and we have a better legal case when the Supreme Court acts because I will sue when the Supreme Court acts and I want the New York Law in place,” he said to loud applause, according to a video of his speech.
Cuomo, a former lawyer and attorney general for the state, did not elaborate on who or what he proposed to sue, and a message to his press office seeking clarity on his comment was not returned. Given the immunity courts and judges have from civil prosecution, the threat seemed like more of a battle cry than an actionable promise, said New York Universtiy law professor Oscar Chase.
“It’s a very bizarre idea,” he said. “It sounds like something off the top of his head, that he wants to protect women’s rights.”
“I’m confused by the idea of him suing,” said Laura Little, a professor of law and government at Temple University. “It’s not clear what kind of lawsuit that he would bring. States don’t generally sue the federal government and there’s significant immunity principles that prevent those [cases] from going forward.”
“It’s like he’s a taste tester for a lead paint factory,” said Jonah Goldberg, a senior editor at the National Review, on Fox News. “It’s a sure sign of the desperation of a lot of the liberal activist groups.”
Kavanaugh’s appointment is significant given that the nine-justice court has a five-to-four conservative majority. Retiring Justice Anthony Kennedy, while conservative, was often a swing vote and in several instances upheld women’s rights to abortion in similar cases.
If the Senate, which has a 51-47 Republican majority, confirms Kavanaugh, the court would like move.
Responding to questions about abortion on the campaign trail, President Donald Trump had said it should be left to the states to decide. More recently, he told Fox’s Maria Bartiromo on July 1, that he would not ask his nominees their stance on the controversial issue, but that he would pick a “conservative.”
“Maybe someday it will be [left] to the states, you never know how that’s going to turn out. That’s a very complex question,” Trump said.
Also on Wednesday, Cuomo signed an executive order that would ensure women can get contraceptive services, through their health insurers, including Medicaid, without having to pay for them.
From The Epoch Times