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Andrew Hurwitz
Andrew David Hurwitz

Former Nominee to the Ninth Circuit Court of Appeals

The “The Architect” and “Lone Remaining Defender” of Roe v. Wade 

Click here to see JAG's Full one-page Research Report to Senators

On May 24th, the leaders of more than 50 major conservative and pro-life organizations to Senator Jon Kyl questioning the Senator’s support for President Obama’s nominee to the U.S. Circuit Court of Appeals for the Ninth Circuit:  Andrew David Hurwitz.  Read their full letter and objections by clicking here.
UPDATE: 49 House Republicans are sending a letter to the Senate, urging them to oppose the confirmation of a pro-abortion judge to the 9th Circuit Court of Appeals: "Although Members of the House of Representatives hold no official role in the confirmation of federal judges, we are obligated by the oath of office we swore to uphold the Constitution and act to defend against any proposed threats to it.  Mr. Hurwitz’s public statements regarding, and past contributions to, previous Supreme Court decisions give serious pause as to whether he is fit to serve as a life-tenured jurist on any Federal Court of Appeals.Read their full letter here

TAKE ACTION: Contact your Senators and tell them to vote against Andrew Hurwitz! Click here to find your Senators' contact information AND Click here to sign the Conservative Action Alert's Petition: "Tell Senators: Oppose Hurwitz to 9th Circuit Court"


UPDATE: Texas Senate Candidate Ted Cruz announces opposition to Confirmation of Hurwitz: Senate should reject “Roe v. Wade Architect”

Heritage Action for American: Key Vote Alert: “NO” on the Nomination of Andrew Hurwitz

The Committee for JusticeAbortion Aside, Hurwitz Not Qualified "Similarly, this confirmation fight is not about Hurwitz’s role in inventing the constitutional right to abortion discovered in Roe.  That was forty years ago – when judicial activism and the living Constitution were all the rage – giving Hurwitz plenty of time to mature, reflect on the error in Roe, and recognize that judges shouldn’t invent new rights from whole cloth."

National Right to Life Committee: Letter to Senators encouraging them to oppose Hurwitz: "Roe v. Wade has been critiqued as constitutionally indefensible even by liberal legal scholars who agree with legal abortion as social policy. Many others believe that Newman and the Supreme Court justices who Hurwitz asserts followed Newman’s “lead,” were engaged in a super-legislative activity -- an exercise memorably denounced by dissenting Justice Byron White as “an exercise in raw judicial power.” Of these critiques, there is no hint in Hurwitz’s presentation, which is laudatory from start to finish."

Ed Whelan sumarizes how far outside the mainstread legal community Hurwitz falls as a result of his support for a Supreme Court opinion disowned by legal thinkers of every political strip.  Read his full analysis here at: "Roe’s Lone Remaining Defender Nominated to Ninth Circuit?

"Obama Appoints Architect of Roe v. Wade to Appeals Court" LifeNews.com Editor Steven Ertelt discusses how, as recently as 2002, "Hurwitz [has taken] partial credit for drafting opinions as a law clerk that the Supreme Court would later use to frame its landmark decision in Roe v. Wade."

The Daily Caller article "Abortion Questions Arise About Obama's 9th Circuit Nominee" further summarizes the many concerns raised by Hurwitz's record and comments.

Committee Questionnaire
Hearing Date: January 26, 2012

Written Questions for the Record:

Answers to Questions by Senator Coburn

Answers to Questions by Senator Sessions

Answers to Questions by Senator Grassley

Answers to Questions by Senator Klobuchar