Amid the historic decision by the Supreme Court to overturn Roe V. Wade, Justice Clarence Thomas suggested in his concurring opinion that the ruling has opened the door for other precedent cases, deeply held by the secular left, to be re-examined by the Court.
The question the Court faced was whether abortion is a constitutionally protected right—as was determined in 1973 in the case of Roe V. Wade. The justices Friday, concluded in a 6-3 decision that “the Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision…”
The overturning of Roe V. Wade by the Supreme Court does not end abortion in the United States, despite what many on the left have ignorantly or deceptively claimed. Determining that there is not a constitutionally protected right to abortion has turned the decision of abortion regulations over to individual states.
Thomas’ suggestion to re-visit additional cases surrounds a misrepresentation of the Due Process Clause of the Fourteenth Amendment, which the Roe V. Wade case relied upon in 1973, and the Court has now overturned.
“As I have previously explained, ‘substantive due process’ is an oxymoron that ‘lack[s] any basis in the Constitution,'” Thomas wrote. “Apart from being a demonstrably incorrect reading of the Due Process Clause, the ‘legal fiction’ of substantive due process is ‘particularly dangerous.’
“The resolution of this case is thus straightforward. Because the Due Process Clause does not secure any substantive rights, it does not secure a right to abortion,” he underscored
With the Due Process Clause of the Fourteenth Amendment being ruled not applicable in the case of abortion, the Court has opened the door to additionally re-examine precedent cases in the past that relied upon this misrepresentation of the constitution.
“In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” he wrote in his court opinion Friday.
The “demonstrably erroneous decisions” addressed by Thomas in his opinion deal with the Supreme court’s past rulings on same-sex marriage, contraceptives, and consensual homosexual acts.
“We have a duty to ‘correct the error’ established in those precedents,” the Justice insisted.
The shock and backlash to Thomas’ opinion were instantaneous and neglected the fact that he has a long history of criticizing these SCOTUS rulings, especially Obergefell, which he ruled against in 2015.
In October of 2020, Justices Thomas and Alito jointly stated that Obergefell v. Hodges, which mandates all states to recognize same-sex marriage, was unconstitutional and endangered religious liberty.
The case of Kim Davis, a Christian county clerk who refused to issue marriage licenses to same-sex couples, was “a stark reminder of the consequences of Obergefell,” Thomas wrote in 2020.
“By choosing to privilege a novel constitutional right over the religious liberty interests explicitly protected in the First Amendment, and by doing so undemocratically, the court has created a problem that only it can fix,” he insisted, adding that until it is corrected by the Court, it will continue to have “ruinous consequences for religious liberty.”
Many on the political left have insisted that the overturning of Roe. V. Wade and the possible re-visiting of additional precedent cases would reverse “progress” and send America “back into the stone ages.”
It is unacceptable to democrats who devoutly follow the religion of progressivism that decades of dismantling Biblical morality could be quickly evaporated in the highest Court of the land.
Abortion is often treated as ‘sacred’ in the religion held by the secular left. When people worship the ‘god of self,’ they often will perceive any moral standard that restricts or denounces their sin as an abomination.
As Scripture explains, we are witnessing a battle that is spiritual in nature.
Ephesians 6:12 states, “For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.”
Abortion, same-sex marriage, and the like, are moral and Biblical issues. The left’s anger is not against the Supreme Court; It is against Christ and America’s founding fathers, which designed the US constitution with reverence of Almighty God.
