Dear John,

I don’t know about you, but I’m tired of lawmakers trying to cover their backsides when the Supreme Court justices they voted to confirm turn out as extremist as the rest of us thought.

Senators Susan Collins and Joe Manchin say they feel betrayed by Justices Brett Kavanaugh and Neil Gorsuch. They both say that in private meetings during confirmation hearings they were promised that each justice would honor Roe v. Wade.

Collins claims Judge Kavanaugh worked vigorously to reassure her that he wouldn’t vote to overturn Roe. She says, according to notes taken by multiple staff members in these private meetings, Kavanaugh said:^[1]

“Start with my record, my respect for precedent, my belief that it is rooted in the Constitution, and my commitment and its importance to the rule of law. I understand precedent and I understand the importance of overturning it.”

Senator Lisa Murkowski, who voted to confirm Justices Gorsuch and Amy Coney Barrett, said at the time she didn’t believe they would vote to overturn Roe. She claims this decision “rocks my confidence in the court right now.”^[2]

Listen, these statements mean nothing without action. If Collins and Manchin feel betrayed, and Murkowski feels outraged, they all have an easy fix: They can carve out a reproductive rights exemption to the filibuster, then codify by majority vote abortion rights nationwide.

Senator Manchin said he was “deeply disappointed” that Gorsuch and Kavanaugh had betrayed his trust:^[3]

“I trusted Justice Gorsuch and Justice Kavanaugh when they testified under oath that they also believed Roe v. Wade was settled legal precedent and I am alarmed they chose to reject the stability the ruling has provided for two generations of Americans.”

Manchin went on to say in his statement: “Let me be clear, I support legislation that would codify the rights Roe v. Wade previously protected.”

Well, that legislation will not pass without first carving out a filibuster exemption -- and Manchin is one of the main roadblocks to doing just that.

Which is why he needs to hear from you.

The Senate has carved out exemptions to the filibuster rules before. They can do it again. And given the stakes, they must.

It’s time for these so-called defenders of reproductive rights to prove they actually give a damn. They have the power. We must insist they stop posturing and actually do something to right the wrongs they’ve enabled.

Demand Senators Manchin, Collins, and Murkowski vote to carve out a reproductive rights exemption to the filibuster and codify by majority vote abortion rights nationwide.

For this Supreme Court, there is no logic -- just ideology.

If this was about logic, the Supreme Court wouldn’t have empowered states to stomp on reproductive rights -- while striking down the ability of states to prevent children from being murdered at school -- in the span of just two days last week.

For the U.S. Senate, there’s only one option. Fix it. Fix it now.

We might not succeed, but we’re guaranteed to fail if we don’t even try. Thank you for standing up and demanding action.

Robert Reich
Inequality Media Civic Action

^{[1] Kavanaugh Gave Private Assurances. Collins Says He ‘Misled’ Her., New York Times
[2] Murkowski faces backlash after justices she supported appear poised to roll back abortion rights, Anchorage Daily News
[3] Susan Collins says testimony by Gorsuch, Kavanaugh ‘inconsistent’ with ruling, Washington Post}