Thomas tears into Abortion Precedent, says Roe v. Wade should FALL in dissent on Louisiana case
Thomas called Roe v. Wade 'farcical,' the court's reasoning for calling abortion a right 'amorphous' and its abortion jurisprudence 'grievously wrong'
Supreme Court Justice Clarence Thomas filed a blistering opinion dissenting from a Monday decision to strike down a
Louisiana law that required abortion doctors to obtain admitting privileges at a nearby hospital, calling the
court's record on abortion "grievously wrong."
The pitched dissent made clear that Thomas is ready to tear down the court's protections for abortion completely in his most explicit comments yet that precedents all the way back to Roe v. Wade should fall.
"The plurality and [Chief Justice John Roberts] ultimately cast aside this jurisdictional barrier to conclude that Louisiana’s law is unconstitutional under our precedents," Justice Clarence Thomas wrote in a dissent. "But those decisions created the right to abortion out of whole cloth, without a shred of support from the Constitution’s text. Our abortion precedents are grievously wrong and should be overruled."
He added, lower in the opinion: "The plurality and [Roberts] claim that the Court’s judgment is dictated by 'our precedents,' particularly Whole Woman’s Health... For the detailed reasons explained by [Alito], this is not true... But today’s decision is wrong for a far simpler reason: The Constitution does not constrain the States’ ability to regulate or even prohibit abortion. This Court created the right to abortion based on an amorphous, unwritten right to privacy, which it grounded in the 'legal fiction' of substantive due process."
Thomas further called Roe v. Wade "farcical," said the Supreme Court's "abortion jurisprudence remains in a state of utter entropy," and said the court "can reconcile neither Roe nor its progeny with the text of our Constitution," so "those decisions should be overruled."
Thomas tears into abortion precedent, says Roe v. Wade should fall in dissent on Louisiana case