Justice Clarence Thomas: Roe v. Wade is "grievously wrong" and "should be overruled"

by Bryan Brammer · Jul 1st, 2020 1:32 pm

Last Updated Jul 2nd, 2020 at 10:42 am

Justice Clarence Thomas, one of the four dissenting judges of the U.S. Supreme Court's recent decision to strike down Louisiana abortion restrictions, heavily criticized the majority's position.

The court's 5-4 ruling on Monday overturned a Louisiana law requiring abortion doctors to acquire admitting privileges at a hospital within 30 miles of their clinic.

Thomas wrote that the court's "abortion precedents" are unconstitutional and that Roe v. Wade "should be overruled."

"Roe is grievously wrong for many reasons, 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 wrote. "Because we can reconcile neither Roe nor its progeny with the text of our Constitution, those decisions should be overruled."

Thomas also argued that to understand that the Due Process Clause was written to protect a right to abortion is "farcical."

"It would no doubt shock the public at that time to learn that one of the new constitutional Amendments contained hidden within the interstices of its text a right to abortion," Thomas said. "The fact that it took this Court over a century to find that right all but proves that it was more than hidden – it simply was not (and is not) there."


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