The judge who delivered a high-stakes abortion pills ruling last week removed his name from a law review article during his judicial nomination process, emails show
The Obama administration, the draft article argued, had discounted religious physicians who “cannot use their scalpels to make female what God created male” and “cannot use their pens to prescribe or dispense abortifacient drugs designed to kill unborn children.”
But one former review editor familiar with the events said there was no indication that Kacsmaryk had been a “placeholder,” adding that this was the only time during their tenure at the law review that they ever saw author names swapped. The former editor, who spoke on the condition of anonymity out of fear of reprisal, provided emails and several drafts of the article.
The Post also interviewed another Republican lawyer who worked on judicial nominations in the Bush White House, at the recommendation of a friend of Kacsmaryk’s, who was told about this story ahead of publication. That lawyer, Mike Davis, said the situation did not raise any ethical concerns.“A judicial nominee is not required to disclose draft legal writings under the Senate Judiciary Committee’s rules or practice,” said Davis, who runs a nonprofit entity that advocates for conservative judges.
In late April — about a month before Kacsmaryk traveled to D.C. to meet with lawyers from Trump’s White House Counsel’s Office — he informed his editor that after consulting with the editor in chief, he would be replacing his name with two others’.
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