Justice Thomas panics pro-choice advocates with searing question during opening arguments

Supreme Court Justice Clarence Thomas asked a question during the opening arguments on Dobbs v. Jackson Women’s Health Organization on Wednesday that has outraged pro-choice advocates in the case that could potentially overturn Roe v. Wade.

“Does a mother have a right to ingest drugs and harm a pre-viable baby? Can the state bring child neglect charges against the mother?“ Thomas asked.

Pro-Choice Responses

The attorney representing Jackson Women’s Health Organization responded, “That’s not what this case is about, but a woman has a right to make choices about her body.”

Thomas, a strong pro-life advocate, used the questioning to highlight that the issue is about more than the right of the mother. There are also the rights of the pre-born child to consider.

The case may be about who decides whether abortion is legal, but Thomas also focused on the issue of life as the determining factor in the decision making process.

Is Abortion Protected By the Constitution?

In response to the argument by pro-choice advocates that abortion is a Constitutional right, Thomas also asked, “What specifically is the right here that we’re talking about?””

Thomas was specific in his questioning, as he noted, “If we were talking about the 2nd Amendment, I know exactly what we’re talking about. If we’re talking about the 4th Amendment, I know what we’re talking about, because it’s written. It’s there.”

His challenge to detail which Amendment or which part of Constitution grants a woman the right to abortion was met with a lackluster response.

The defense argued the right is “grounded in the liberty component of the 14th Amendment.”

The 14th Amendment actually says includes “nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The important case could have tremendous impact on the future of the nation, leading advocates on both sides to hold strong views in the case.

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