Hirono: Roe v. Wade won't be overturned, but will be nullified

Hirono: Roe v. Wade won't be overturned, but will be nullified
© Greg Nash

Sen. Mazie HironoMazie Keiko HironoRubio: ‘I don’t know’ if Nauert has 'detailed knowledge' to succeed as UN ambassador Overnight Defense: Nauert tapped for UN envoy | Trump teases changes to Joint Chiefs of Staff | Trump knocks Tillerson as 'dumb as a rock' | Scathing report details Air Force failures before Texas shooting Dem senator slams Nauert's lack of 'qualifications' for UN ambassador MORE (D-Hawaii) said on Sunday that she does not think the Supreme Court will overturn Roe v. Wade now that Justice Brett Kavanaugh is a member, but that lower-level judicial and legislative decisions will instead undermine the landmark decision, which legalized abortion.

"It matters if they overturn Roe v. Wade, which I doubt they're gonna do," Hirono told ABC's "This Week."

"But ... the states are very busy passing all kinds of laws that would limit a woman's right to choose. It's those things that will go before Justice Kavanaugh," Hirono said.

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"Even if they don't [overturn Roe v. Wade], they will nullify it, pretty much," she concluded.

Roe v. Wade was one of the central issues at the core of Kavanaugh's confirmation fight for Democrats, who have consistently expressed concerns that Kavanaugh will undermine protections for those seeking or providing abortions.  

Kavanaugh said in his testimony to the Senate Judiciary Committee that he considered Roe v. Wade to be settled law.

White House counselor Kellyanne ConwayKellyanne Elizabeth ConwayProsecutors connect Trump to illegal payments during the campaign The Memo: All eyes on Kelly as Trump shake-up gathers steam Conway's husband responds to Trump tweet on Cohen: 'Other than that, totally scot-free' MORE told "This Week" on Sunday that Kavanaugh would not overturn Roe v. Wade, saying that the issue is much more likely to come down to decisions dealing with particulars surrounding abortion rather than the case itself.

"To be pro-choice in 2018 means that you are for sex-selection abortion, that you are for late-term abortion, taxpayer-funded abortion, abortion after the heartbeat or after nonpartisan scientists say the baby can feel pain," Conway said.

"That is the issue here," she said. "Those cases will get to the Supreme Court one day."