Justice Thomas Asks: Where Is the Right to Abortion in the Constitution?

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Posted: Dec 01, 2021 1:00 PM
Justice Thomas Asks: Where Is the Right to Abortion in the Constitution?

Source: Erin Schaff/The New York Times via AP, Pool

During oral arguments for Dobbs v. Jackson Women's Health Organization Wednesday, the case that could effectively overturn Roe v. Wade, Supreme Court Justice Clarence Thomas asked a number of questions. Typically, Thomas stays silent. 

During one exchange with U.S. Solicitor General Elizabeth Prelogar, Thomas pointed out a number of constitutional amendments that very clearly protect specific rights of Americans. He then asked Prelogar where abortion fits in. 

Prelogar argued the right to abortion is "grounded in the liberty component of the 14th amendment," but also said it fits elsewhere. 

"It promotes interests in autonomy, bodily integrity, liberty and equality. And I do think that it is specifically, the right to abortion here, the right of a woman to be able to control without the state forcing her to continue a pregnancy, whether to carry that baby to term," Prelogar said. 

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