WILL ROE GO? JUSTICE THOMAS ARGUES FOR CORRECTION OF “DEMONSTRABLY ERRONEOUS” PRECEDENT
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WILL ROE GO? JUSTICE THOMAS ARGUES FOR CORRECTION OF “DEMONSTRABLY ERRONEOUS” PRECEDENT
In a concurring opinion in a Supreme Court case announced last Monday, Justice Clarence Thomas issued a lengthy call for his colleagues to overturn “demonstrably erroneous decisions” even if they have been upheld for decades — prompting legal observers to say Thomas was laying the groundwork to overturn the seminal 1973 case Roe v. Wade, which established a constitutional right to abortion.
Thomas’ blunt opinion came in Gamble v. United States, a case concerning the so-called “double-jeopardy” doctrine, which generally prohibits an individual from being charged twice for the same crime. But both pro-life and pro-choice advocates quickly noted the implications of his reasoning for a slew of other future cases, including a potential revisiting of Roe.
“When faced with a demonstrably erroneous precedent, my rule is simple: We should not follow it,” Thomas wrote, noting that lower federal courts should also disregard poor precedents. Thomas went on to add that precedent “may remain relevant when it is not demonstrably erroneous.” . . .
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“As I see it, we would eliminate a significant amount of uncertainty and provide the very stability sought if we replaced our malleable balancing test with a clear, principled rule grounded in the meaning of the text,” Thomas countered. “The true irony of our modern stare decisis doctrine lies in the fact that proponents of stare decisis tend to invoke it most fervently when the precedent at issue is least defensible.”
Thomas concluded: “In my view, if the Court encounters a decision that is demonstrably erroneous—i.e., one that is not a permissible interpretation of the text—the Court should correct the error, regardless of whether other factors support overruling the precedent. … A demonstrably incorrect judicial decision … is tantamount to making law, and adhering to it both disregards the supremacy of the Constitution and perpetuates a usurpation of the legislative power.” . . .
Monday’s opinion was Thomas’ second in as many months to hearten pro-life advocates. In May, Thomas wrote a concurring opinion in a separate case that the Supreme Court would soon have to address the constitutionality of pro-life abortion laws head-on.
The justices, by a 7-2 vote in that case, upheld an Indiana law requiring the cremation or burial of fetal remains — but they declined to take up the constitutionality of a law that would have barred abortion based on disability, sex, or race. (Excerpt from Fox News.)
Is Roe about to go? What do you think?
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Comments
When does a baby become a citizen of the United States? The present liberal suggestions state that it isn’t even a citizen right after it is born. Is not the biblical answer that it is a person and
therefore a citizen, due the protection of our government, at the time of conception. If not, who has the right to decide when a “fetus” becomes a baby? Thank God for Justice Thomas, who recognizes the fallacy of Roe -vs- Wade. Mothers can be prosecuted for taking drugs that damage her unborn baby, yet allows that same mother can choose to have her baby killed. Father, may your will be done through our Supreme Court as it is in heaven.
Every baby that is conceived in the womb has a God given right to live; and that right is sacred and must be protected.
COME LORD JESUS COME
Please, God, give men wisdom on how to stop the slaughter and put the right people in the right places to stop it. Continue to raise up champions for those helpless and defenseless in the womb. You, Oh Lord, have mercy and stop this….
I pray for the spirit of deception that would lead a pregnant woman to abort be broken. I pray the stronghold over all women who have had an abortion to be broken. i pray that a horrendous law to legalize the killing of the unborn be reversed. I pray all this in the mighty name of Jesus, to you Lord, be the glory.
Agree
Thank God for Justice Thomas. Let us pray for his protection and also pray for his continued wisdom.
PRAISE THE LORD!
THANK YOU, JUSTICE THOMAS!
Ingrid Claussner
As someone said recently, the people who are for abortion have already been born.
I agree! Amen…Let it be so Lord!
A woman’s right to choose should be made before she becomes pregnant.
No law of the land can regulate the heart.
God, let the hearts of your people be so turned in love that no thought of abortion would enter in…
no law would permit or deter us …but the law of love.
My thoughts and prayers.
In a sane world a mother would be the first and last line of defense for her baby at every stage of development before & after birth.
In a sane world abortion would be unthinkable.
In a sane world an unborn child would be valued for the precious life that it is.
Abortion is every bit a sin and stain on this country as slavery.
Congress is guilty of legalizing this horror but the real shame and guilt lies with women who embrace the so called “right” to kill their own flesh and blood.
When did we become so hard-hearted, so selfish, and so irresponsible and our thinking so twisted? And why?
We are in the grips of an evil mindset that is destroying us.
In the name of “women’s rights” we have given up our most sacred rights.
We’ve turned innocent babies into “inconveniences” that can be legally destroyed.
We’ve turned men and boys into objects of contempt and loathing.
This cannot stand. There is nothing good in this. We must change our course. Our country’s very soul is at stake.
Just as the slave had no voice in becoming a slave so the unborn child had no voice in its conception. Just as we had to finally decide that it is wrong to own another person, we must finally decide that abortion is wrong because it takes away that person’s right to life.
It is surreal! Who dreams up such horrors and calls it a “right”? One day we will wake up in disbelief of our sin. But it is too late for the 60+million that have already been sacrificed on the altar of self worship.
There are no words for the horror of abortion. It is unspeakable evil. Abortion at every stage should be called by its right name – genocide of the unborn. How did the hearts of women become so hardened and their thinking so twisted and misguided! They are so broken and pitiful, giving up their most sacred privilege.
I pray for women everywhere to turn from this abomination and embrace the privilege of Motherhood. It is the unique ability of the female sex and should be celebrated as the crowning glory and purpose of womanhood and femininity.
Amen
Amen and Amen in agreement in Jesus name
Trump will be reelected this is our best chance to save the babys .we cant as a nation keep going with this great sin.we as a nation rose up against the democratic party when told that blacks were not humans as is babys now.
This could never have explained better than this …. THANK YOU DIANA
Perfectly stated. Thank you so much.
Well said!..Exactly!!!
It is written…The LORD hates those who shed innocent blood!!!
Proverbs 6:16
My question is this: whose blood is more innocent than that of the precious unborn???
Praying in agreement, Amen
Thank you Diana. I firmly believe everything you said. May God help us Christian’s to speak up about this modern day holocaust!!!!
Agree in Jesus’ name
Amen. Lord Jesus help our country.
So well written. This is all sooo true. I pray that we see the day that these atrocities are are no longer accepted.
Thank you! So well and truthfully expressed. In Jesus Name I agree with your prayer.
I believe God has shown me that Roe/Wade will be shut down, but by the States standing firm to shut it down first. Shutting the doors of access but also coming up with funding for low cost adoption and safe houses for pregnant moms to be. It is essential to brain storm strategies and a game plan to help The Unwanted pregnancies.
It is written, that God shut Hannah’s womb until she prayed for child.
It is written, that Mary got pregnant only by the will of God so if our people would pray to open the wombs that needed to be open and shut the wombs that needed to be shut until the appropriate time of God especially with estranged children this would help. To me the Bible is our strategy, it is our constitution of Heaven
God is the best “birth control ” through prayer and supplication for All Saints
Oh Lord, please comfort all people who have taken part in abortion a child. Help them to come to you for forgiveness and healing. Restore their joy, and May the accuser be silenced. In Jesus name. Amen.
Amen sister
Amen!
Amen
My spirit grieves for our sin and acceptance of the shedding of innocent BLOOD. Lord help us to see our sin and acknowledge this sin before a HOLY GOD for it is is ” repentance that we find our salvation and rest” open our eyes for even your own people have closed their eyes to this offense against our GOD. May the LORD draw us to Himself and put a light on our sin that we may confess our sins and be washed in the PRECIOUS BLOOD of Jesus. May the LORD protect Justice Thomas as he fights for the unborn.
I agree!
Roe v. Wade will go in my lifetime, the Lord showed me this! We will return to Him and raise up a generation of worshipers for the Father.
It must go.
It is murder by indifference.
I PRAY that God forgives us and gives the Court the courage to do THE RIGHT THING.
Yes Roe v Wade must go in the Name of Jesus! Abortion is another term for murder! May God forgive us for ever precious life wasted through this disgusting practice!
Roe GO
Roe v Wade must go. Millions of children have been sacrificed at the altar of convenience. We are past due on this one and the blood that has been shed is crying out for justice. God hears the cries.
Amen – As we continue to pray – Lord hear our cry and forgive us for the innocent blood that was shed…turn our hearts to you!
Roe must go and child sacrifice and Baal worship must stop.