That was then; this is now

[Theophylact]

In yesterday's dissent from the majority opinion in the Texas sodomy law case, Justice Thomas wrote:

Notwithstanding this, I recognize that as a member of this Court I am not empowered to help petitioners and others similarly situated. My duty, rather, is to "decide cases 'agreeably to the Constitution and laws of the United States.'" Id., at 530. And, just like Justice Stewart, I "can find [neither in the Bill of Rights nor any other part of the Constitution a] general right of privacy," ibid., or as the Court terms it today, the "liberty of the person both in its spatial and more transcendent dimensions," ante, at 1.

But during his confirmation hearings in 1991, we find the following exchange:

[SENATOR BIDEN:] Now, Judge, in your view, does the Liberty Clause of the Fourteenth Amendment protect the right of women to decide for themselves in certain instances whether or not to terminate pregnancy?

JUDGE THOMAS: Senator, first of all, let me look at that in the context other than with natural law principles.

SENATOR BIDEN: Let's forget about natural law for a minute.

JUDGE THOMAS: My view is that there is a right to privacy in the Fourteenth Amendment.

Now perhaps one may argue against a general right to privacy being found therein; but in 1991, to avoid harsher questioning, he was accepting, as settled law, the existence of that right with respect to abortion!

[TOAD6147]

Eventhouigh I have no use for this man, I disasgree with your interpretation of what he said/didn't say/implied. He admitted to the existence of "...a right to privacy in the Fourteenth Amendment." Without actually reading every word I can't see how that would imply he "...was accepting, as settled law, the existence of that right with respect to abortion!"

[Theophylact]

Read the transcript. The questioning was entirely about whether Thomas held opinions about whether Roe v. Wade should be reversed. Here is the very next exchange:

SENATOR BIDEN: Well, Judge, does that right to privacy in the Liberty Clause of the Fourteenth Amendment protect the right of a woman to decide for herself in certain instances whether or not to terminate a pregnancy?

JUDGE THOMAS: Senator, I think that the Supreme Court has made clear that the issue of marital privacy is protected, that the State cannot infringe on that without a compelling interest, and the Supreme Court, of course, in the case of Roe v. Wade has found an interest in the woman's right to--as a fundamental interest a woman's right to terminate a pregnancy. I do not think that at this time that I could maintain my impartiality as a member of the judiciary and comment on that specific case.

[daveleau]

(In regards to the last two parts of this thread) He sounds like a very reasonable man who cares for children. That is a nice change.