Fox's Napolitano: Roe v. Wade 'is a precedent whether you like it or not'

Fox News senior judicial analyst Andrew Napolitano said Monday that he believes the Supreme Court will not overturn Roe v. Wade, arguing that "it is precedent whether you like it or not.”

The commentary comes as the battle over President TrumpDonald John TrumpCDC updates website to remove dosage guidance on drug touted by Trump Trump says he'd like economy to reopen 'with a big bang' but acknowledges it may be limited Graham backs Trump, vows no money for WHO in next funding bill MORE's next Supreme Court nominee continues to be a hot topic on cable news ahead of Trump’s July 9 announcement of his selection to replace the retiring Justice Anthony Kennedy. 

ADVERTISEMENT

"It is settled law and it is a precedent whether you like it or not," Napolitano told anchor Eric Shawn on "America's Newsroom." "I don’t think it's going to be overturned no matter who the president appoints.”

"You don’t? Why?" asked Shawn. 

"I'll tell you why. Because the chief justice, though a practicing catholic and pro-life himself, does not believe that fundamental changes should come about in the court, the court’s decisions because of an election," Napolitano replied. 

“But Democrats, and critics, and others are saying [Roe v. Wade is] the No. 1 major issue in terms of the Supreme Court," Shawn said. 

“The Democrats will make it the No. 1 issue because two-thirds of the American public wants some form of abortion,” said Napolitano, a former New Jersey Superior Court judge. “And if the president nominates someone who puts a line in the sand, not in his or her [confirmation] hearing, but at some point in the past, it will give the Democrats ammunition to go against the president.”

Kennedy, who will retire at the end of this month at age 81, was the deciding vote in 1992 upholding the Roe v. Wade decision by a 5-4 vote. 

Republicans only need to clear a 50-vote threshold in the Senate to get Trump's selection confirmed. The GOP currently holds a slight 51-49 edge in the chamber.