Justice Thomas is getting to the crux of Roe v. Wade's fallacy. There is no such constitutional right. You can't find any language in the Constitution to support it.
Anyone who has read the transcript and pleadings of Roe v. Wade comes away dumbfounded that this new constitutional right was created by the Court. Listening to the recordings of the case is even more insane. It was the worst set of arguments - by both sides - that I've ever heard. In the absence of competent lawyering, the Court created its own new constitutional right out of thin air.
Thomas is saying the important stuff out loud and there are enough Justices on the Court who should care about such things. Praying hard that we can put an end to this horrific crime.
The enumeration of rights in the Constitution is not manifold, hence the 9th amendment. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." The line of argumentation above leads to the Constitution becoming a bestower of rights, however its true roll is a protector of certain rights. Certain rights are so important that the framers decided to enumerate their protection, others thought enumeration would lead exactly to this line of argument... if it's not enumerated, it's not a right. I think Thomas stating that "liberty" may be the right in question is where the 9th amendment is leaning. (I'm actually surprised he asked the question the way he did. I think maybe he just wanted to know what the lawyer would say).
It's not the argument we should want to make anyway. The argument is simple: is the fetus a living human being and when do you count it? The lawyer is arguing 15 weeks is too early, and viability is the cut off. Most pro-lifers argue conception is a good cut off, while liberals argue birth is a good one. The court had to declare Blacks to be human beings worthy of human rights at some point. It's done the same for disabled persons. It completely has the authority to declare a human gamete a human life with human rights.
Justice Thomas is getting to the crux of Roe v. Wade's fallacy. There is no such constitutional right. You can't find any language in the Constitution to support it.
Anyone who has read the transcript and pleadings of Roe v. Wade comes away dumbfounded that this new constitutional right was created by the Court. Listening to the recordings of the case is even more insane. It was the worst set of arguments - by both sides - that I've ever heard. In the absence of competent lawyering, the Court created its own new constitutional right out of thin air.
Thomas is saying the important stuff out loud and there are enough Justices on the Court who should care about such things. Praying hard that we can put an end to this horrific crime.
The enumeration of rights in the Constitution is not manifold, hence the 9th amendment. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." The line of argumentation above leads to the Constitution becoming a bestower of rights, however its true roll is a protector of certain rights. Certain rights are so important that the framers decided to enumerate their protection, others thought enumeration would lead exactly to this line of argument... if it's not enumerated, it's not a right. I think Thomas stating that "liberty" may be the right in question is where the 9th amendment is leaning. (I'm actually surprised he asked the question the way he did. I think maybe he just wanted to know what the lawyer would say).
It's not the argument we should want to make anyway. The argument is simple: is the fetus a living human being and when do you count it? The lawyer is arguing 15 weeks is too early, and viability is the cut off. Most pro-lifers argue conception is a good cut off, while liberals argue birth is a good one. The court had to declare Blacks to be human beings worthy of human rights at some point. It's done the same for disabled persons. It completely has the authority to declare a human gamete a human life with human rights.