As LifeNews reported, Justice Brett Kavanaugh and conservatives on the Supreme Court appear to have set up the legal rationale for someday overturning the roe v. Wade case from 1973 that allowed virtually unlimited abortions throughout pregnancy.
In a decision earlier this week, the Supreme Court ruled on a case unrelated to abortion — but one that could have a massive impact on Roe. And its ruling, authored by Justice Kavanaugh, set for examples of cases that might be overturned and explained why overturning precedent is definitely allowable.
In his own concurring opinion, Justice Thomas listed three “incorrect decisions” he said used a faulty interpretation of the Fourteenth Amendment. Those included Obergefell v. Hodges, Roe v. Wade, and Dred Scott v. Sandford.
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This isn’t the first time Justice Thomas has indicated Roe needs to go.
Last year Thomas hinted at his willingness to overturn the infamous abortion ruling Roe v. Wade on Monday in an opinion about a gun rights case. he questioned the high court’s tendencies to lean on precedent for its decisions.
He said the court should not “elevate” court precedent over the U.S. Constitution, and some precedents are “demonstrably erroneous.” At one point in his decision, he mentioned the abortion case Planned Parenthood v. Casey. The 1992 case, which upheld Roe, says that states cannot place an undue burden on women’s access to abortion. Thomas dissented in the case.
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Thomas said the court should “restore” its jurisprudence relating to precedents to ensure it exercises “mere judgment” and focuses on the “correct, original meaning” of laws it interprets.
“In our constitutional structure, our rule of upholding the law’s original meaning is reason enough to correct course,” Thomas wrote.
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