During day two of Gorsuch's confirmation hearing before the Senate Judiciary Committee, Graham took the opportunity to detail why he supports the Pain-Capable Unborn Child Protection Act and the possibility of it going before the Supreme Court as a challenge to Roe v. Wade.

"We're one of seven nations that allow wholesale, on demand, unlimited abortion at 20 weeks, the fifth month of pregnancy. I'd like to get out of that club," said Graham. "The standard medically is if you operate [on an] unborn child at 20 weeks the medical protocols are such that you have to apply anesthesia because you don't wanna hurt the child in the process of trying to save the child ... My theory is, well, let's look at it the other way, should you allow abortion on demand of a child that can feel excruciating pain?"

"I'm just letting everybody know that if this legislation passes, it will be challenged before you and you will have to look at a new theory of how the state can protect the unborn," said Graham. "And here is what I think. You will read the briefs, look at the facts, and make a decision, am I fair to conclude that?"

"Senator, I can promise you no more than that, and I guarantee no less than that in every single case that comes before me"...

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