July 2, 2018 / Press Releases

Burden of Proof Is On Nominee To Prove They’ll Reject Trump’s Anti-Abortion Agenda

Trump Is Clear, He Wants A Justice Who Will End Roe v Wade;
Therefore Burden of Proof Is On Any Nominee To Proactively Prove They Will Protect Roe v Wade And Not Criminalize Abortion 

For Immediate Release: July 2, 2018
Contact: [email protected]

Donald Trump has been crystal clear. He has a litmus test for his Supreme Court nominee: end Roe v Wade.

He said it repeatedly during his campaign. We believe him. The question is, do Senators?

Already some Senators and right-wing activists, led by by the Federalist Society’s Leonard Leo, are saying none of the judges on Trump’s short list have a demonstrated record on Roe v Wade or abortion.

First and foremost, that is not true. Many people on Trump’s short list have been active in the the anti-choice movement for years (more here).

Second, and equally as important, that must not be the standard. Since Trump has been crystal clear on his position on only appointing Justices who will end Roe v Wade, and since we know this seat is the difference between upholding Roe and criminalizing abortion and punishing women, the burden of proof must be on the nominee to proactively prove they will protect Roe v Wade and not criminalize abortion.

Nominees to the Supreme Court prepare for years to be in the position to be nominated. In doing so, they actively hide their positions or take pains to not have to take stands on so-called “hot button” issues like abortion.

Just a simple examination of their record is not enough. Under normal circumstances it wouldn’t be enough. But it is certainly not enough when Donald Trump has been crystal clear on what he wants and expects from his nominee.

The burden of proof is on the nominee. And until he or she proves that they will proactively protect Roe v Wade, no Senator, and particularly no Senators who consider themselves pro-choice, should vote for them.


NARAL Pro-Choice America and its network of state affiliates are dedicated to protecting and expanding reproductive freedom for all Americans. NARAL works to guarantee that every woman has the right to make personal decisions regarding the full range of reproductive choices, including preventing unintended pregnancy, bearing healthy children, and choosing legal abortion. In recognition of its work defending our constitutional right to choose, Fortune Magazine described NARAL as “one of the top 10 advocacy groups in America.”

Everyone should be able to decide if, when, how, and with whom they start or grow a family.

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