Justice Thomas: 'What Specifically Is the Right Here That We're Talking About?'
Susan Jones | December 1, 2021 | 12:11pm EST(CNSNews.com) - The U.S. Supreme Court heard oral arguments Wednesday in Dobbs v. Jackson, a case challenging the constitutionality of a Mississippi law that bans most abortions after 15 weeks of pregnancy.
U.S. Solicitor General Elizabeth Prelogar argued against the Mississippi law, saying the Supreme Court, in Roe v. Wade, "correctly recognized that the Constitution protects a woman's fundamental right to decide whether to end a pregnancy before viability.”
She concluded, “If this court renounces the liberty interest recognized in Roe and reaffirmed in Casey, it would be an unprecedented contraction of individual rights and a stark departure from principles of stare decisis," she said. "The court has never revoked a right that is so fundamental to so many Americans and sos central to their ability to participate fully and equally in society. The court should not overrule this central component of women's liberty."
Justice Clarence Thomas pressed Prelogar on what the specific "right" is that she's defending: "Is it specifically abortion? Is it liberty? Is it autonomy? Is it privacy?" Thomas asked.
"The right is grounded in the liberty component of the 14th Amendment, Justice Thomas," Prelogar said. "But I think that it promotes interest in autonomy, bodily integrity, liberty and equality. And I do think that it is specifically the right to abortion here, the right of a woman to be able to control without the state forcing her to continue a pregnancy, whether to carry that baby to term."
Thomas responded: "I understand we're talking about abortion here. But what is confusing is that we -- if we were talking about the 2nd Amendment, I know exactly what we're talking about. If we're talking about the 4th Amendment, I know what we're talking about, because it's written, it's there. What specifically is the right here that we're talking about?" Thomas asked again: . . .
https://www.cnsnews.com/article/national/susan-jones/justice-thomas-what-specifically-right-here-were-talking-about
The only 'right' at issue here is the right of the Great State of Mississippi to formulate its own abortion laws. There is an amendment that directly addresses that - Amendment X. And from Justice Thomas' questioning, it is clear that plaintiff can show
nothing in the Constitution that upholds an abortion right.