It’s a dark day for reproductive rights and democracy, as the justices of the U.S. Supreme Court have voted to overturn Roe v. Wade and its protection of abortion rights, made darker by the fact that the bodily autonomy of half the country was effectively decided by 6 people, 5 of whom are physically incapable of carrying a pregnancy, and 2 of those 5 have been accused of sexual assault.
Perhaps the worst part is that some of these justices arguably lied their way onto the court to make this happen, which we all knew at the time but were unable to stop. So, here’s a reminder of how much of a betrayal and step backward this is for our country, our rights, and our faith in our legal and political system, and the justices who are responsible.
The Consistent
First up, before we get to the outright liars, these justices always made their thoughts on abortion known and never used conjecture. They consistently stuck to their terrible opinions and absurd rationale. We can sarcastically applaud them for that, I suppose?
Clarence Thomas
Clarence Thomas has spent his entire term as a SCOTUS justice calling for the overturning of Roe v. Wade. He has cited the 14th amendment, which naturalizes all children born inside U.S. borders as citizens, in a disingenuous attempt to lend his argument some legitimacy, apparently ignoring that miscarriages aren’t given social security numbers. He has frequently stated that Roe is “grievously wrong” and said that abortion “is a unique act, in which a woman’s exercise of control over her own body ends, depending on one’s view, human life or potential human life.”
And that “depending on one’s view” is exactly the point. Everyone defines life differently, and the religious beliefs of a few shouldn’t be imposed on others. Some sects of Judaism see the right to abortion as fundamental to their tenets, and many other cultures and religions do not believe the child is a full child until it is born. So, trying to force everyone under one definition, and a very Christian-leaning one, is a violation of religious rights (one that is being carried out by the Religious Right)—in addition to every other reason it’s a bad thing to do.
Samuel Alito
Samuel Alito, like Thomas, has upheld every restriction on abortion that entered the court, which he has been doing since his time as a federal appeals court judge who tried to fight Planned Parenthood v. Casey. Also like Thomas, he believes “the Constitution does not protect a right to an abortion.”
He appears to have been the writer of the majority opinion in the overturning of Roe v. Wade, and said both it and Planned Parenthood v. Casey were “wrong the day they were decided.”
The Liars
Now, these are the justices who have been flakey on the subject of abortion, if not having outright lied at their own Supreme Court confirmation hearings.
John Roberts
John Roberts declined to answer questions about Roe v. Wade at his confirmation hearing in 2005 and has since upheld many laws to restrict abortion that have come before the court. But at the same time, he called overturning precedent a “jolt in the legal system” and had originally opposed the S.B. 8 Texas law that put an effective bounty on abortion providers and seekers.
Roberts technically did not join in the decision to overturn Roe v. Wade but wrote a concurring opinion (which feels like the same thing).
Neil Gorsuch
At his confirmation hearing, Gorsuch said that his vote as an appellate court judge in a case involving the funding of Planned Parenthood was about “procedural issues,” not the subject matter. “I do not care if the case is about abortion or widgets or anything else,” he said, deflecting from the issue at hand.
Yet, he has approved every abortion restriction that came his way.
Brett Kavanaugh
Brett Kavanaugh, despite having described Roe v. Wade as being “settled as precedent,” has voted in favor of Texas’ extreme anti-abortion law and went so far as to cite other cases that overturned Supreme Court precedent, stating, “If we think that the prior precedents are seriously wrong, why then doesn’t the history of this court’s practice with respect to those cases tell us that the right answer is to return to the position of neutrality?”
Because it’s not one of “neutrality,” Brett. Actively calling Roe v. Wade a mistake or wrong is in no way neutral. It undermines decades of hard work by activists and healthcare providers to genuinely save lives and improve the quality of lives currently being led.
Amy Coney Barrett
Amy Coney Barrett, “The Straw that Broke the Precedent’s Back,” said in her confirmation hearing that justices should not impose their personal views on the law. Despite this, she is vocally anti-abortion and has voted as such at every turn, reconsidering rulings that blocked Indiana’s abortion restrictions as an appellate judge and outright supporting the Texas anti-abortion law.
What’s worse is that, as a professor at Notre Dame, she expressed doubts that Roe v. Wade would ever be fully overturned. Well, it turns out the monkey’s paw needed six (middle) fingers, and Barrett was the missing one needed to overturn it all.
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For a more detailed legal opinion on these lies, here’s LegalEagle talking about the legality of lying during your confirmation hearing.
And this is only the start. Thomas has also called for marriage equality and access to birth control to be restricted or outright overturned, and if this shows us anything, it’s that these justices have the power, and they are not afraid to use it. Unlike the Democratic presidents and representatives who got complacent and never codified Roe v. Wade into law, these people were patient and enduring and played the long game.
We can’t trust the courts to be on our side. So, we have to fight even harder to make the other two branches of government work for us. We also need to make sure to take care of ourselves and each other. It’s a terrifying time, but we’ll get through it by standing together.
National Abortion Federation Hotline: 1-800-772-9100
Miscarriage and Abortion Hotline: 1-833-246-2632
Repro Legal Helpline: 1-844-868-2812
National Suicide Prevention Lifeline: 1-800-273-8255
For even more detailed information on just how awful these justices have been, here’s an earlier rundown of what each Supreme Court justice has said about abortion from Yahoo.
(featured image: Alex Wong/Getty Images)
