Justice Clarence Thomas Asks Where Does the Constitution Actually Defend Abortions?

Justice Clarence Thomas Asks Where Does The Constitution Actually Defend Abortions?

(RightWing.org) – On December 1, the US Supreme Court heard arguments over whether or not Mississippi can ban abortions after 15 weeks. Dobbs v. Jackson Women’s Health Organization has the potential to overturn Roe v. Wade (1973), the landmark case that established a woman’s right to have an abortion. Justice Clarence Thomas asked a question that had no direct answer, instantly throwing the future of abortion rights into doubt.

Justice Thomas asked Solicitor General Elizabeth Prelogar where the US Constitution granted the right to an abortion. Deferring to the Court’s decision in Roe, Prelogar responded the right was rooted in the “liberty component” of the Fourteenth Amendment.

However, Thomas dug his heels into his question. He said abortion, as a constitutional right, is confusing compared to others like those granted by the Second (right to bear arms) and Fourth Amendments (right to protection from unlawful searches and seizures).

Wednesday’s hearing wasn’t the first time Justice Thomas questioned the absence of a clear constitutional right to an abortion. He raised the same issue during his dissenting opinion in Planned Parenthood v. Casey (1992), the case that reaffirmed the right to abortions.

With Conservative judges holding a six to three majority, many court watchers expect a decision favoring the Mississippi law. What do you think? Is it time to overturn Roe v. Wade?

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