Kennedy has been touted by many as a so-called "swing" vote on the issue of a woman's right to choose. Despite the fact that Kennedy refused to overturn Roe v. Wade in the Casey plurality opinion, his other reproductive rights decisions show that his support for the right to choose is the most tenuous of the three "swing" justices on the Court. Most recently, he authored the Carhart opinion upholding the Federal Abortion Ban, putting women’s health in serious jeopardy.

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