Thomas survived Biden's lynch mob and went on to become the most consistent and forceful voice on the court for interpreting the Constitution according to the meaning originally invested in it by the Framers.

The correct answer to the question of whether the Constitution guarantees a "right" to kill an unborn child was delivered by then-Associate Justice William Rehnquist in his dissenting opinion to Roe v. Wade itself. It was a resounding no.

Rehnquist's argument was historically and intellectually unassailable -- unless you believe that a simple majority of the nine Supreme Court justices has the authority to rewrite the Constitution.

When the 14th Amendment was ratified in 1868, Rehnquist noted, there were 36 state and territorial laws on the books restricting abortion. Twenty-one of those very laws were still on the books and still enforced in 1973, when the court considered Roe.

"The only conclusion possible from this history," said Rehnquist, "is that the drafters did not intend to have the Fourteenth Amendment withdraw from the states the power to legislate in respect to this matter."

Sonia Sotomayor should be asked in her confirmation hearing whether she believes the Constitution guarantees a right to kill an unborn child.

If she says it does, it means she believes Supreme Court justices have the power to change the meaning of the Constitution itself, even to the point of depriving a whole class of human beings of their most fundamental right.

There can be no better reason for denying confirmation to a would-be justice.