Thomas is advocating disparate impact? Has he lost it completely?
I’m good with making abortion illegal, but not for trumped up reasons.
He does not agree with either law – but has pitted them against each other…
“Thomas is advocating disparate impact? Has he lost it completely?I’m good with making abortion illegal, but not for trumped up reasons.”
Read his actual opinion rather than the interpretation of it:
https://www.supremecourt.gov/opinions/18pdf/18-483_3d9g.pdf
He cites Thomas Sowell:
“Both eugenics and disparate-impact liability rely on the simplistic and often faulty assumption that ‘some one particular factor is the key or dominant factor behind differences in outcomes’ and that one should expect ‘an even or random distribution of outcomes . . . in the absence of such complicating causes as genes or discrimination’.”
However, I may disagree with him on this statement:
“The Constitution itself is silent on abortion.”
While it does not specifically mention abortion, it does recognize our inalienable right to life:
“No person shall be... deprived of life... without due process of law.”—Article 5, rights of persons
While citizenship is conferred at birth, natural personhood exists from conception, and the natural rights associated with natural personhood do not require being enumerated. So, even without Article 5 or 14, no government, regardless of their laws and constitutional, has the right to murder. The only truthful question is the extent to which a representative government chooses to punish those who do commit murder. Under equal protection, all natural persons must be equally protected:
“No state shall... deny to any person within its jurisdiction the equal protection of the laws.”—14.1
My take is that Justice Thomas is merely pointing out that abortion became legalized as the result of intentional racism with an intentionally “disparate impact.”
Regardless, unborn human persons have a Constitutional right to equal protection. If we are going to make murdering anyone a crime with punitive consequences, then abortion must also be a crime with punitive consequences.