The Right To Abort a Pre-Viable Fetus Can’t Be Disparaged by the States. Can Someone Tell Clarence Thomas?

The Constitution is clear: Justices of the Supreme Court may not uphold state prohibitions against elective pre-viable abortions simply because the Constitution does not expressly grant to women the right to an abortion. If Justice Clarence Thomas, or other Supreme Court justices hold otherwise, they are not saying “what the law is.” Instead, they are saying what they want the law to be.

Their thinking may be “original,” but it’s a far cry from “originalism.”