Author Topic: Supreme Court Justice Clarence Thomas: Roe v. Wade ‘should be overruled’  (Read 78 times)

Offline mikemac

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Supreme Court Justice Clarence Thomas: Roe v. Wade ‘should be overruled’
'The Constitution does not constrain the States’ ability to regulate or even prohibit abortion,' wrote Justice Thomas. 'Moreover, the fact that no five Justices can agree on the proper interpretation of our precedents today evinces that our abortion jurisprudence remains in a state of utter entropy.'
Tue Jun 30, 2020 - 12:12 pm EST

Justice Clarence Thomas in 2008

WASHINGTON, D.C., June 30, 2020 (LifeSiteNews) — Supreme Court Justice Clarence Thomas has condemned U.S. abortion law and called for Roe v. Wade, the 1973 decision imposing abortion on demand across the country, and “its progeny” to be overruled as irreconcilable with the Constitution.

Thomas made the comments during his dissenting opinion given during yesterday’s June Medical Services v. Russo ruling striking down a Louisiana law requiring basic medical precautions in the event of abortion complications.

“[W]e exceed our constitutional authority whenever we ‘appl[y] demonstrably erroneous precedent instead of the relevant law’s text,’” Thomas concluded.

“Because we can reconcile neither Roe nor its progeny with the text of our Constitution, those decisions should be overruled,” he stated.

Thomas said that the challenge to the Louisiana law should have been rejected for the simple fact that the abortionists in question had no legal standing to bring it in the first place. “Today a majority of the Court perpetuates its ill-founded abortion jurisprudence by enjoining a perfectly legitimate state law and doing so without jurisdiction,” he wrote.

Thomas said that the case had been brought by “abortionists and abortion clinics” whose sole claim was that Louisiana’s law “violated the purported substantive due process right of a woman to abort her unborn child.”

“But they concede that this right does not belong to them, and they seek to vindicate no private rights of their own. Under a proper understanding of Article III, these plaintiffs lack standing to invoke our jurisdiction,” he stated.

Thomas rejected the claim of Chief Justice John Roberts that according to the legal doctrine of stare decisis precedents set by previous Supreme Court rulings in similar cases required the Louisiana law to be overturned, but insisted that the justices should have rejected the challenge to the state law because it violated the Constitution.

“The Constitution does not constrain the States’ ability to regulate or even prohibit abortion,” he wrote.

“Moreover,” Thomas added, “the fact that no five Justices can agree on the proper interpretation of our precedents today evinces that our abortion jurisprudence remains in a state of utter entropy.”

Thomas has previously taken aim at the contemporary understanding of stare decisis (the concept that the longer a ruling stands, the greater weight it accrues as legal precedent) which is also the chief theory sustaining Roe v. Wade.

In his assenting opinion given in Gamble v. United States last year, a case not directly to abortion, Thomas took the opportunity to discuss that legal concept.

“In my view, the Court’s typical formulation of the stare decisis standard does not comport with our judicial duty under Article III because it elevates demonstrably erroneous decisions—meaning decisions outside the realm of permissible interpretation—over the text of the Constitution and other duly enacted federal law,” Thomas wrote.

Criticising current U.S. abortion law in general in his opinion given yesterday, Thomas said that the Supreme Court had “created the right to abortion based on an amorphous, unwritten right to privacy, which it grounded in the 'legal fiction' of substantive due process."

“Roe is grievously wrong for many reasons,” he continued, “but the most fundamental is that its core holding—that the Constitution protects a woman’s right to abort her unborn child—finds no support in the text of the Fourteenth Amendment.”

Thomas said that ”the idea that the Framers of the Fourteenth Amendment understood the Due Process Clause to protect a right to abortion is farcical.”

“Roe suggests that the Due Process Clause’s reference to ‘liberty’ could provide a textual basis for its novel privacy right,” he continued.

“But that Clause does not guarantee liberty qua liberty. Rather, it expressly contemplates the deprivation of liberty and requires only that such deprivations occur through ‘due process of law.’”

Citing the eighteenth century Irish statesman and philosopher Edmund Burke, Thomas said that “no one could seriously claim” that “revolutionary” pro-abortion Supreme Court rulings “are part of the ‘inheritance from our forefathers,’ fidelity to which demonstrates ‘reverence to antiquity’.”

Earlier this year Thomas referred to Roe v. Wade as one of many “incorrect decisions” in relation to the Fourteenth Amendment and in the same context of “incorrect decisions,” also mentioned the 2015 ruling Obergefell v. Hodges, which guaranteed a “right” to homosexual “marriage.”
Like John Vennari (RIP) said "Why not just do it?  What would it hurt?"
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Offline Innocent Smith

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Look, man, this is just more mental masturbation.  Who cares what Clarence Thomas thinks?  Who cares what any Supreme thinks?  The only Supremes that I might be interested in learning about were once led by Ms. Diana Ross.

I have stated what Thomas stated at least 20 years ago.  And I also figured out that it would go to the states were abortion on demand would be ratified prior to any Supreme Court decision nullifying Roe v Wade.  But guess what?  That won't happen either.  Roe v Wade isn't going anywhere.  As all the ninnies who have auditioned for the role are always required to offer this one little pinch of incense to their Masters on the Senate Judiciary Committee.  They must answer in the affirmative that they believe Roe v Wade to be "SETTLED LAW". 

The Supreme Court has been on the wrong side of history in many of their decisions.  They are the final arbiters for the ruling class.

As I also said many years ago, abortion as a political issue is dead.  If you are going to engage in the political process you may want to find a more worthy pursuit of your time where you may actually impact fellow human beings in need.  Maybe even to help insure you don't need that kind of help anytime soon. 

By the way John Roberts already sided with the Liberals yesterday in the Louisiana abortion providers need for admitting privileges at a local hospital. 

Aren't you all so glad to spend hours, weeks, maybe even months of your time watching and getting worked up at Supreme Court nominations? 

Aren't you all glad that you insist on a proper Republican to promote the Pro-Life and Pro-Family causes?

The definition of insanity is participating in the same process over and over again while expecting different results.

I stand completely vindicated.  Even from my most flame throwing posts I ever managed to type out.

Justified Anger does indeed arise from absolute SHIT once in awhile.

« Last Edit: June 30, 2020, 11:18:53 PM by Innocent Smith »
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Offline Xavier

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If only Republicans had used the last 50 odd years well to appoint at least 5 people like Justice Thomas. He's excellent; unfortunately, he's outnumbered. It shows principle-free democracy is really terribly worse than a benign enlightened monarchy. At least, it would have been better if one pro-life party had been in charge for a long time, and had appointed sufficient judges to overturn this ungodly abomination of abortion. Trump has appointed 200 judges to lower courts and 2 Supreme Court Justices. With four more years, he will appoint at least 200 more to the other courts and likely 2 more to the Supreme Courts. Judge Barrett to replace Ginsburg and Judge Pryor (who called Roe v Wade an "abomination") to replace Breyer are my favorites from Trump's runner-up picks. Pro-lifers have to keep on keeping on.

I know there is exhaustion and fatigue at the liberal pro-aborts, as Innocent Smith is saying. But compromise picks can have that result. The resolution for the future must be to appoint and confirm only those Judges who are unambiguously pro-life, have strong pro-life records, and are credibly against abortion.

It's the beginning of the month dedicated to the Precious Blood of Jesus, the only Blood that can wash away all our abominations; a good time to begin a Novena. The intention can be: "for abortion to end everywhere". If we truly believe in the power of prayer, we know prayer can release all the efficacious graces that will certainly end the abortion holocaust once and for all. One of St. Mother Theresa's favorite Novena was the "flying Novena", praying a series of Novenas, even every day, until the request is granted. We can all decide how we want to pray. Heaven has indicated this is a very important prayer petition and, if accomplished, could hasten the arrival of the period of peace. If not accomplished, the chastisement will be much worse.
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