Abortion, Justice Roberts, Justice Thomas and Stare Decisis

By Rich Kozlovich

I originally published this on July 2, 2020, but with this latest SCOTUS mess, I thought republishing this again, along with two more of my pieces on the federal judiciary, Stare Decisis is Like a Street Sign: "Drive Only On the Left!" and Stare Decisis is Like a Street Sign: "Drive Only On the Left!", Part II, might help bring things into perspective  

On July 1, 2020 Terry Jeffrey posted this piece, Clarence Thomas Versus John Roberts and Good Versus Evil, saying:

Chief Justice John Roberts essentially argued in the opinion he filed in an abortion case this week that his opinion was both right and wrong. Justice Clarence Thomas, meanwhile, offered perfect clarity in his dissenting opinion in the same case, June Medical Services v. Russo. He argued that Roberts and the four liberals with whom Roberts concurred were unreservedly wrong.

The author goes on to show the lack of consistency in Robert's thinking, and understanding of the law, and ends with this statement from Justice Clarence Thomas:

Justice Thomas rebutted Roberts with the truth. "The plurality and The Chief Justice ... conclude that Louisiana's law is unconstitutional under our precedents," Thomas wrote. "But those decisions created the right to abortion out of whole cloth, without a shred of support from the Constitution's text," said Thomas. "Our abortion precedents are grievously wrong and should be overruled," said Thomas.

Jeffery goes on to state:

Precisely. Neither God nor the Constitution created a "right" to kill an unborn child. A group of unjust justices did. John Roberts is now standing on their shoulders and blaming it on stare decisis. Chief Justice John Roberts essentially argued in the opinion he filed in an abortion case this week that his opinion was both right and wrong.

This pattern of flip flopping is common among leftist thinkers, like John Kerry who voted for it before he voted against it.  Always finding ways of perverting right from wrong.

Below are two articles I originally published some time ago.  The first one, Stare Decisis is Like a Street Sign: "Drive Only On the Left!, was on 7/15/18,  and then again on 2/21/19.  Part II was originally published on 5/14/19.  However, with all this interest in Judge Roberts failings, and comments by Judge Clearance Thomas over the Constitutionality of his decision, and commentators defending that decision as "settled law" under the concept of Stare Decisis, I felt it necessary to re-publish both here.

As a side bar: For years everyone kept declaring the Thomas was Justice Scalia's follower.  Don't believe it.  I read his book, My Grandfather's Son, and then I followed his actions on the court over the years and if anyone was following anyone.  Scalia was following Thomas.  He's one of the finest thinkers in America today.

Justice Brett Kavanaugh has been a bit of a disappointment also, but not as bad as Roberts, and I hope that will change.