Thomas dissent on SCOTUS’ TX abortion ruling: Constitution has been ruled unconstitutional

Thomas dissent on SCOTUS’ TX abortion ruling: Constitution has been ruled unconstitutional
The one and only. (Courtesy of Stand Up America)

The High Court ruled on WHOLE WOMAN’S HEALTH v. HELLERSTEDT, 136 S. Ct. 1001 (2016). In his dissenting opinion, Justice Thomas points out that the Supreme Court, has, in effect, overthrown the body of the constitution and ignored the limitations of the rule of law. …

Here are some quotes from the dissent, and strikes against the Court:

One, the standard is arbitrary.

After disregarding significant aspects of the Court’s prior jurisprudence, the majority applies the undue-burden standard in a way that will surely mystify lower courts for years to come. …

Four, the standards change on a case by case basis, as I mentioned above.

Likewise, it is now easier for the government to restrict judicial candidates’ campaign speech than for the Government to define marriage—even though the former is subject to strict scrutiny and the latter was supposedly subject to some form of rational-basis review.

Five, real rights are being ignored and trampled while make believe rights are created out of thin air, or, rather emanations of penumbras. …

My comment:

If his had been assigned to me as a make believe case in law school, or in a moot court, the students arguing the majority position would have received a flunking grade. As a case, it fails on all basic tests of law and logic. First, the plaintiffs had no standing to sue: the alleged abortion right is vested in the mothers, not in a doctor seeking hypothetical persons who may at some future time which to employ him to perform an aborticide. Second, the court must defer to the legislature unless there is an infringement on a Constitutional right, which was not alleged in this case: merely that it would be a burden. Well, no such language seems to prevent gun regulation, advertisement regulation, to the tax ruling that forbids priests and pastors from speaking about politics from the pulpit.

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