Judge Clarence Thomas says the Supreme Court was changed due to the shocking leak of the draft opinion earlier this month. The opinion suggests that the court is ready to overturn the right to abortion, recognized almost 50 years ago in the case of Rowe v. Wade.
Conservative Thomas, who joined the court in 1991 and has long called for the annulment of Rowe v. Wadedescribed the leak as an unimaginable breach of trust.
“If you lose that trust, especially in the institution where I am, it fundamentally changes the institution. You start looking over your shoulder. It’s like some kind of infidelity that can be explained, but you can’t undo it, ”he said, speaking at a conference in Dallas on Friday night.
The court said the draft does not represent the final position of any of the members of the court, and Chief Justice John Roberts ordered an investigation into the leak.
Thomas, George W. Bush’s presidential candidate, said it had previously been beyond “anyone’s imagination.” leaked opinion to Politico on 2 May that even the draft opinion line will be published in advance, and even more so a whole draft that takes up almost 100 pages.
The states and the Department of Justice are fighting for the right to abortion outlined by the Supreme Court in Rowe v. Wade. But in 1992, Planned Parenthood v. Casey, a key case that was less widely known, paved the way for some restrictions on abortion – as long as they didn’t meet the definition of “overweight.” With the help of Florida law professor Mary Ziegler, we break it down in this LX explanation.
Politico also reports that in addition to Thomas, Conservative judges Neil Gorsach, Brett Cavanaugh and Amy Connie Barrett voted with co-author Samuel Alita to overturn Rowe v. Wade and 1992’s Planned Paternity v. Casey, which confirmed Rowe’s finding. constitutional right to abortion.
Thomas said that before, “if someone said that one line of one opinion” would be a leak, the answer would be, “Oh, that’s impossible. No one will ever do that. “
“Now that trust or that belief is gone forever,” Thomas said at a conference in Old Parkland, which describes itself as a conference “to discuss alternative proven approaches to addressing the challenges facing black Americans today.”
At one point, Thomas also said: “I think what happened in court is extremely bad … I wonder how long we will have these institutions as fast as we blow them up.”
Thomas also touched casually Liberal protests in the homes of conservative judges in Maryland and Virginia what happened after the publication of the draft opinion. Thomas argued that the Conservatives had never acted that way.
“You would never visit the homes of Supreme Court justices if things didn’t go the way we did. We didn’t get hysterical. I think it’s … a duty to always act properly and not pay for a tit for a tooth,” he said.
Thomas spoke to the audience as part of a conversation with John Yuwho is now a professor of law at Berkeley but worked for Thomas for a year in the early 1990s as a legal adviser.
Each court typically has four legal advisers each year, and the current group of lawyers has been at the center of speculation as a possible source of leaks to the draft opinion. They are one of the few groups, along with judges and some administrative staff, to have access to draft opinions.
Thomas also answered several questions from the audience, including from a man who asked about the friendship between liberal and conservative judges in court, such as the well-known friendship between late liberal judge Ruth Bader Ginzburg and conservative judge Antonin Scalia. “How can we promote the same relationship in Congress and among the general population?” The man asked.
“Well, I’m just worried it’s going to be in court,” Thomas replied. He talked about his former colleagues. “This is not the court of that era,” he said.
Despite his comments, Thomas looked in a good mood – sometimes laughing heartily. Yu, who is known for writing so-called “torture memos” used by the George W. Bush administration to justify the use of “intensified interrogation” methods after the Sept. 11 terrorist attacks, said at one point that he photographed the notes. Thomas took during the conference.
“Are you going to single them out?” Thomas asked, laughing.
Yu replied, “Well, I know where to go … Politico will publish everything I give them.”