SC’s Graham lays out how Trump’s Supreme Court pick could overturn Roe v. Wade

Opponents of President Donald Trump’s choice for a new Supreme Court justice worry Brett Kavanaugh could overturn the decision that legalized abortion nationwide. On Sunday, U.S. Sen. Lindsey Graham of South Carolina laid out exactly how a new justice could do just that.

Graham told CNN’s “State of the Union” that Kavanaugh would give a “fair hearing” to any case challenging the court’s landmark 1973 Roe v. Wade decision. But he also said Kavanaugh understands when court precedent can be overturned.

“If there’s a case before him that challenges Roe v. Wade ... he would listen to both sides of the story and apply a test to overturn precedent,” Graham said. “Precedent is important, but it’s not inviolate.”

Kavanaugh’s confirmation hearings started Tuesday before Graham and other members of the U.S. Senate’s Judiciary Committee.

Both supporters and opponents of abortion rights say Kavanaugh could be the deciding vote in future cases that determine if abortion rights are further restricted or if the procedure is banned.

“The bottom line here is there is a process to overturn a precedent, and I think he understands that,” Graham said. “He will apply it. If it were up to me, states would make these decisions, not the Supreme Court. But it is a long-held precedent of the Supreme Court.”

This story was originally published September 4, 2018 at 3:40 PM.