LANSING, Mich. — The Michigan Supreme Court has asked Gov. Gretchen Whitmer to provide more information on why the justices should bypass a lower court and immediately consider her arguments challenging the constitutionality of the state's dormant abortion law. The justices sent a series of five largely procedural questions in a Friday order to determine if Whitmer's arguments are ripe for consideration by the court. The order from the Michigan Supreme Court came a few days after a Court of Claims judge issued a preliminary injunction in a separate case from Planned Parenthood, putting a pause...
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Legal expert highlights a ‘very interesting omission’ in Clarence Thomas’ controversial abortion opinion
Speaking on MSNBC this Monday, Yale Law School lecturer Linda Greenhouse addresses Supreme Court Justice Clarence Thomas' opinion in the wake of the Court's reversal of Roe v. Wade, where he wrote that the court must revisit past landmark decisions.
Thomas, one of the most conservative justices on the court, wrote that "in future cases" also involving privacy "we should reconsider."
Thomas cited Griswold v Connecticut, which enshrined the right to contraception in 1965; Lawrence v. Texas, which struck down laws penalizing same-sex relationships in 2003, and Obergefell v. Hodges, the 2015 ruling protecting marriage for all.
According to Greenhouse, there was one past ruling that Thomas curiously failed to mention.
"I think we disregard what [Justice Thomas] has to say at our peril," Greenhouse said. "I'll just say, in this list of Supreme Court precedents based on the notion that the due process clause has some substantive content of liberty and equality, he left out on -- I mean, he named contraception, he named LGBTQ rights, he named same-sex marriage -- what he didn't mention was interracial marriage."
Greenhouse was referring to the Loving v. Virginia decision in 1967, which ruled that laws banning interracial marriage violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution. Thomas, who is Black, is married to Ginni Thomas, who is white.
"It's as if the court has taken a kind of Roto-Rooter to constitutional law as we've known it in modern times," Greenhouse added.
Same-sex marriage remains a high-value target for Republicans and the religious right in the United States.
Thomas argued that, since previous decisions were based on the same provision of the constitution on privacy as abortion rights, the court has "a duty to 'correct the error' established in those precedents."
He also argued it would be necessary to analyze whether other passages of the constitution "guarantee the myriad rights" generated by the right to privacy.
Thomas -- whose wife has pushed false claims that Donald Trump won the last election -- was the only judge making such arguments out of the nine who sit on America's top court.
Watch video below.
With additional reporting by AFP
According to Washington Post columnist David Von Drehle, Gov. Ron DeSantis (R-FL) delivered a not-too-subtle shot across Donald Trump's bow last week when he let it be known that he doesn't feel he needs the former president's endorsement for his re-election campaign.
With Politico reporting, "Florida Republican Gov. Ron DeSantis has plenty of advantages ahead of his November reelection. More than $100 million in the bank. A growing statewide Republican voter advantage. Massive popularity with the conservative base. What DeSantis doesn’t need and isn’t requesting: former President Donald Trump’s endorsement," the political analyst claimed it was DeSantis' way of letting people know he thinks Trump is irrelevant.
As Von Drehle put it, "It’s an intentional humiliation of a man who hates humiliation. For all his braggadocio, Trump’s ego is a robin’s egg attached to a cinder block hanging from a thread above a candle flame. Every day, he struggles to blow enough hot air to prevent the flame from burning the thread and dropping the block on top of the egg."
According to the columnist, DeSantis owes his rapid rise to Trump, going from a little-known House member to a high-profile governor in one of the country's most populous -- and politically powerful -- states.
As Von Drehle points out, the Politico story was expertly timed to come out right after a recent poll showed DeSantis in a tie with the former president as the popular choice of Republicans looking at the 2024 presidential race, with the columnist pithily adding, "...the kind of tie that happens when a rising balloon and a falling cinder block meet briefly as they pass going in opposite directions."
Writing, "DeSantis has served notice that he is ready to fly solo, to cast his own light rather than bask in Trump’s reflection. That’s hitting Trump where he lives," he continued, "DeSantis struck first. He is savvy enough to realize Trump is surely mulling over a nickname for him. Reckless Ron? Without even saying the word, DeSantis slapped a preemptive label on Trump’s forehead: Irrelevant Donald. It will be difficult for Trump to shed."
"Ambitious Republicans have two choices: Wait for Trump to die, or take him on mano a mano. Trump’s 2016 GOP opponents tiptoed around, waiting for him to implode. No one was willing to throw the first punch, knock Trump off-balance, then keep going until only one of them was standing," he added before concluding, "Ron DeSantis, a man in a hurry, is more than willing. The brawl has begun."
Sen. Mitch McConnell (R-KY) suggested on Monday that women's reproductive rights have become "outdated" -- and that's why the Supreme Court overturned Roe v. Wade.
McConnell made the remarks during a speech in Florence, Kentucky.
"It became, 9 to nothing, the law of the land, bringing down racial segregation," McConnell noted. "So I raise that just to make the point that precedent is important but sometimes the precedent is outdated or wrong."
"And this [abortion] issue [was] sent back to the democratic process for the will of the American people to make the decision," he added.
Watch the video below from WLWT.