With the Supreme Court holding oral arguments yesterday in a Mississippi abortion ban case tat could result in overturning Roe, there has been a renewed focus on the question of whether there is a right to abortion in the Constitution.
As Supreme Court Justice Clarence Thomas made it clear yesterday in his questioning, there is no right to abortion in the Constitution.
Asked about this, Senator John Kennedy of Louisiana agrees.
When asked if the Founding Fathers believed in a right to abortion, Sen. John Kennedy (R-LA) said, “I don’t think there’s a constitutional right to abortion in the United States Constitution.”
At the U.S. Capitol on Wednesday, CNS News asked the senator, “Did the Founding Fathers believe in a right to abortion?”
Kennedy replied, “I think that that’s a moral judgment that the Founding Fathers intended to be resolved by the people through their elected representatives at the state level, in my opinion. I don’t think there’s a constitutional right to abortion in the United States Constitution.”
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Former chief justice of the Supreme Court, William Rehnquist, argued Roe’s lack of constitutionality has created a mess for future abortion restrictions and legislation.
“The key elements of the Roe framework – trimesters and viability – are not found in the text of the Constitution or in any place else one would expect to find a constitutional principle,” Rehnquist wrote. “The result has been a web of legal rules that have become increasingly intricate, resembling a code of regulations rather than a body of constitutional doctrine.”
Thomas questioned Wednesday where in the Constitution abortion is protected as the Supreme Court heard oral arguments over a Mississippi abortion law case that challenges Roe v. Wade.
“Would you specifically tell me, specifically state what the right is, is it specifically abortion? Is it a liberty? Is it liberty? Is it autonomy? Is it privacy?” Thomas asked.
He knew full well the Constitution affords no right to abortion, but wanted to see where the pro-abortion attorney would make it up.
“The right is grounded in the liberty component of the 14th Amendment, Justice Thomas. But I think that it promotes interest in autonomy, bodily integrity, liberty and equality. And I do think it is specifically the right to abortion here, the right of a woman to be able to control, without the state forcing her to continue a pregnancy, whether to carry that baby to term,” one of the lawyers challenging the Mississippi law said.
Thomas pressed further knowing that the pro-abortion lawyer didn’t cite anything in the Constitution protecting a so-called right to kill babies in abortions.
“I understand we’re talking about abortion here,” Thomas said. “But what is confusing is that we, if we were talking about the Second Amendment, I know exactly what we’re talking about. If we’re talking about the Fourth Amendment I know what we’re talking about because it’s written there. What specifically is the right here that we’re talking about?”
“It’s the right of a woman prior to viability to control whether to continue with a pregnancy,” the lawyer replied, still without finding any Constitutional basis for abortion.
The irony is that the attorney used the 14th Amendment to justify abortion, but that’s the amendment that protects the right to life.