Justice Clarence Thomas once was an outlier for his legal views. But Thomas is now the heart of the Supreme Court’s conservative bloc, and his concurring opinion in the recent abortion ruling calls out some other precedents the Court might overturn.
The Supreme Court has issued a deluge of big rulings in recent weeks and it defines a new epic in American law. The majority on the court has dramatically limited the ability of the US government to issue environmental regulations or to limit gun ownership. At the same time, they greatly increase the power of the states to regulate a woman's right to control her own body.
All of those things are happening within several days. It's like, boom, boom, boom. This is not just an incremental building of a conservative agenda. This is the announcement of the arrival of a new set of powerful players who are going to do what they're going to do, they're going to do it fast and they're going to make big moves and that's what was communicated.
The reason is that he's saying that the original meaning of the word"liberty" in the 14th amendment doesn't include that. There are two things that are notable. One, when you're talking about liberty, that's a word that is under specified of course and so the job of the Supreme Court has been to give meaning to that concept. It's not exactly self-explanatory what liberty means, so the Supreme Court has engaged in that process of saying what liberty means.
It's not at that extremely specific low level. Here in Justice Alito's opinion, what we're getting is a definitive, conservative, methodological victory for defining liberty at that very low-level generality, the right to abortion.
If it's a criminal matter, it would be a trial, a criminal trial. If it is a civil matter where you have certain interests that are at stake, it would not be a criminal trial, but it would be other kinds of trappings of procedures that are designed to make sure that you are heard by the government before the government takes the thing away from you.
By that, I think he's talking about the privileges and immunities clause of the 14th amendment. That's the clause that provides that a state cannot abridge the privileges or immunities of the citizens of the United States.
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