Supreme Court Justices Ruth Bader Ginsburg and Clarence Thomas are officially at war, a war that Ginsburg will tragically be unable to win.
The argument between the two Justices began over a law concerning abortion rights signed by Mike Pence before he became Vice President.
The Pence Law
At the center of the discussion is how to treat fetal remains after an abortion. The legislation signed by Pence requires the remains to be either cremated or buried. The law also bans abortion if the cause of the abortion is race, sex, or disability.
When the legislation came in front of the federal courts, it was struck down because per the precedent, legislators cannot dictate the terms under which an abortion is conducted.
While the Supreme Court upheld the burial requirements, it did not touch the ban aspect of the legislation.
The ruling itself was unsigned, but Justice Thomas, who is vehemently against abortion of any kind, penned a 20-page response for his own opinion on the matter.
Thomas specifically went after Planned Parenthood’s stance of allowing abortions based on race, sex, or disability, saying it would “constitutionalize the views of the 20th-century eugenics movement.”
Justice Thomas also directly called out Justice Ginsburg, attacking her dissent based on her stance the ruling violates women’s rights. Thomas stated her dissent “makes little sense.”
This kind of outburst is something we scarcely see from Thomas, as he is known for being one of the quietest Justices in history. The fact he directly called out Ginsburg and is so passionately addressing this issue has liberals in fear.
Thomas has always been adamant of his intention to overturn Roe v. Wade if given the opportunity.
With abortion dominating headlines and more conservative states pushing legislation to outlaw abortion, Thomas may finally get his wish on being able to be party to a decision on the matter.
Ginsburg seems ready to engage Thomas, as she characterized his letter as displaying “more heat than light.” This disagreement is shaping up to be an old-fashioned fist fight, with these two using the power of their gavel and their words instead of their fists.