A former clerk for Supreme Court justice nominee Brett Kavanaugh responded incredulously to a threat by New York Gov. Andrew Cuomo to sue if the Supreme Court does not protect Roe v. Wade.

"I will sue when the Supreme Court acts," Cuomo said during a speech in Poughkeepsie, N.Y.

"We now need to codify Roe v. Wade, which will actually increase the protections in New York. I don't want any gap in a women's right to protections," said Cuomo, a Democrat from Westchester.


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Cuomo previously signed an executive order protecting access to abortions in New York State, Fox News reported.

"I have no idea what he's talking about," former Kavanaugh clerk Roman Martinez told Dana Perino on "The Daily Briefing" Friday.

"I don't know how you go about codifying Roe v. Wade by suing someone," he said, calling Cuomo's remarks part of a "coordinated effort to scare people and mislead people about Roe v. Wade."

In remarks transcribed by the governor's office, Cuomo said: "For years, what the Republicans in the [Albany] Senate have said, 'well, we don't need New York law because we have Roe v. Wade and nobody's crazy enough to try to roll back Roe v. Wade.'" 

"Well now we know we're not guaranteed Roe v. Wade," he added.

If Roe v. Wade were to be overturned, under the Tenth Amendment, abortion rights would fall to the states to legislate.


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