CAL THOMAS COMMENTARY MAY 5, 2022
IN THE LEAKED MEMO FROM THE SUPREME COURT WRITTEN BY JUSTICE SAMUEL
ALITO, THERE IS THIS: “(THE MAJORITY HOLDS) THAT ROE AND CASEY MUST BE OVERRULED. THE CONSTITUTION MAKES NO REFERENCE TO ABORTION, AND NO SUCH RIGHT IS IMPLICITY PROTECTED BY ANY CONSTITUTIONAL PROVISION, INCLUDING THE ONE ON WHICH THE DEFENDERS OF ROE AND CASEY NOW CHIEFLY RELY – THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT. THAT PROVISION HAS BEEN HELD TO GUARANTEE SOME RIGHTS THAT ARE NOT MENTIONED IN THE CONSTITUTION, BUT ANY SUCH RIGHT MUST BE ‘DEEPLY ROOTED IN THE NATION’S HISTORY AND TRADITION’ AND ‘IMPLICIT IN THE CONCEPT OF ORDERED LIBERTY.’ THE RIGHT TO ABORTION DOES NOT FALL WITHIN THIS CATEGORY…”
RECALL THE LATE JUSTICE BYRON WHITE, APPOINTED BY PRESIDENT JOHN KENNEDY, WHO CALLED ROE AN EXERCISE IN “RAW JUDICIAL POWER.” THERE HAS BEEN TOO MUCH OF THAT OVER THE YEARS. LAWS THAT SHOULD HAVE COME FROM CONGRESS, OR NOT AT ALL, HAVE BEEN CREATED BY MOSTLY LIBERAL JUDGES IN RESPONSE TO THE SPIRIT OF THE AGE. SAME-SEX MARRIAGE IS ANOTHER OF THOSE DECLARED RIGHTS. THE LEFT NOW FEARS IT, TOO, WILL BE OVERTURNED. THE CONSTITUTION, NOT SECULAR PROGRESSIVES, SHOULD GUIDE AMERICAN JURISPRUDENCE.
READ THE ENTIRE ALITO MEMO. IT IS BRILLIANT. I’M CAL THOMAS.
