Having already commented upon Justice Samuel Alito’s leaked opinion in Dobbs v. Jackson Women’s Health Organization , the most interesting opinion to discuss now that the decision has dropped is Justice Clarence Thomas’ seven-page concurrence. At the heart of Thomas’ opinion is a brief reflection on liberty and despotism in American government today that transcends narrow legal analysis and implicates the basic principles of American politics.
It is no wonder journalists scribbled their usual nonsense about Thomas and missed its significance entirely. (Of the dissent, I can charitably say that it more resembles the warbling of the mechanical doll in Tales of Hoffmann than it does jurisprudence.)
Celebrating 30 years on the Court, Thomas reiterated the Court’s opinion that “there is no constitutional right to abortion” because the “substantive due process” argument that supported Roe v. Wade and Planned Parenthood v. Casey was based on a “farcical” assumption, an “oxymoron.” The due process clause of the 14th Amendment concerns legal process, not “ any ” (Thomas’ emphasis) substantive rights. (I omit Thomas’ citations of his previous opinions on abortion, which present a rich cornucopia of his abortion jurisprudence. I cannot recommend them strongly enough to the interested reader, who can discover them through citations or links in the complete case.)
As Thomas notes, and as Alito’s opinion underscores, no other cases involving same-sex marriage, contraception, and sexual activity are affected by this case on the unique instance of abortion. But Thomas nonetheless asks for a reconsideration of all “this Court’s substantive due process precedents.” Then, once these cases are overruled, we can turn to consider whether “the myriad rights” from these cases might be protected by, say, our 14th Amendment’s clause concerning the “privileges or immunities” of American citizens. Of course, this astonishing sweep of the legal horizon is meant to shock […]
Yes, We Need Your Help
I hate being “that guy” who asks people to donate because I think our conservative news network is so crucial, but here I am…
When I left my cushy corporate job in 2017, I did so knowing that my family would have to make sacrifices. But I couldn’t continue to watch the nation slip into oblivion and was inspired by President Trump’s willingness to fight the good fight even at his own personal expense. What I didn’t realize then is that conservative media would be so heavily attacked, canceled, and defunded that the sacrifices would be extreme.
Many in this nation are struggling right now even though we weren’t struggling just a few years ago. I’m not alone. But I wake up every morning and operate the sites we’ve been able to build because there’s really no other choice. I refuse to be beholden to Big Tech like so many other conservative news outlets, which is why you won’t see Google ads here. With that said, it’s often challenging to pay the bills and it’s even harder to expand so we can get the America First message out to a wider audience.
The economic downturn has forced me to make a plea for help. Between cancel culture, lockdowns, and diminishing ad revenue, we need financial assistance in order to continue to spread the truth. We ask all who have the means, please donate through our Giving Fuel. Your generosity is what keeps these sites running and allows us to expand our reach so the truth can get to the masses. We’ve had great success in growing but we know we can do more with your assistance.
We currently operate:
- NOQ Report
- Conservative Playlist
- Uncanceled News
- Based Underground
- Five other conservative news sites
I would even be willing to entertain investments and partnerships at this stage. I’ve turned them down in the past because editorial purity is extremely important. I’ll turn them down again if anyone wants us to start supporting RINOs or avoid “taboo” topics like voter fraud, vaccines, or transgender supremacy. But I’d talk to fellow America First patriots who want to help any (or all) of our 10 news sites. Hit me up at jdrucker (at) substack (dot) com if you’re interested.
For those who have the means and just want to help keep the mission of spreading a conservative, Christian message to the nation, please consider a generous donation.