Justice Thomas Throws Down Another Gauntlet

In connection with the overturning of Roe v. Wade (see this), I noted here Justice Thomas’s

concurring opinion in Box v. Planned Parenthood of Indiana and Kentucky, Inc., [which] is devastating in its revelations about the racist motives of Margaret Sanger, a founder of Planned Parenthood, and of abortion’s “disparate impact” on blacks. For a synopsis of Thomas’s opinion, see “Clarence Thomas, Ruth Bader Ginsburg, and Margaret Sanger Walk Into a Segregated Bar…“, by John Zmirak, The Stream, May 29, 2019.

Now, from Fox News, comes this:

In a concurring opinion in a Supreme Court case announced Monday, Justice Clarence Thomas issued a lengthy call for his colleagues to overturn “demonstrably erroneous decisions” even if they have been upheld for decades — prompting legal observers to say Thomas was laying the groundwork to overturn the seminal 1973 case Roe v. Wade, which established a constitutional right to abortion.

Thomas’ blunt opinion came in Gamble v. United States, a case concerning the so-called “double-jeopardy” doctrine, which generally prohibits an individual from being charged twice for the same crime. But both pro-life and pro-choice advocates quickly noted the implications of his reasoning for a slew of other future cases, including a potential revisiting of Roe.

“When faced with a demonstrably erroneous precedent, my rule is simple: We should not follow it,” Thomas wrote.

Hear, hear.

But will Roberts and Kavanaugh heed Thomas? Roberts is erratic and Kavanaugh may have sold his soul (on abortion) to win the vote and endorsement of Susan Collins.

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