Appearing on Fox News Channel’s “Outnumbered” on Friday, conservative commentator and constitutional law professor Jonathan Turley absolutely skewered President Joe Biden’s recent comments on abortion, blasting Biden’s comments and describing them as “demonstrably untrue.”
Turley began by defending Justice Clarence Thomas, who wrote a concurring opinion to Dobbs in which he took a hammer to the idea of “substantive due process”, a ridiculous idea that has been derided by many law professors, saying:
In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process decision is “demonstrably erroneous,” we have a duty to “correct the error” established in those precedents.
That comment of Justice Thomas’ infuriated the left, which lost its mind over the idea that certain activities like homosexual marriage might no longer be treated as fundamental rights.
Turley, in any case, defended Thomas in his segment with Fox News, describing what Thomas likely meant by the above passage and saying:
“And by the way, Thomas has long been a critic of what’s called substantive due process. He felt that they should re-examine that. He did not say that interracial marriage, like his own, should be viewed somehow as unprotected by the Constitution. There are other ways to protect those rights. Now, all of that obviously gets missed in this political atmosphere.”
Continuing, Turley ripped into Biden’s focus on interstate travel for the purpose of procuring an abortion, contrasting Biden’s losing it over the idea that maybe states would discourage women from traveling to other states to have a baby-killing procedure performed, correctly noting that the Supreme Court specifically noted that interstate travel can’t be stopped, saying:
But it was curious to see the focus on travel. Traveling interstate is clearly protected under the Constitution. The Supreme Court has said that repeatedly.
Justice Kavanaugh went out of his way to say that this is one of those easy issues. He said clearly states cannot prevent women from leaving to get abortion services or any types of services.
Wrapping up his argument, Turley reiterated that what the court had actually said was quite different from what Biden pretended had happened in the decision, going so far as to skewer Biden as pushing a line about the Dobbs decision that was “fairly inaccurate and at times quite unfair” to the Supreme Court majority that voted for the Dobbs decision.
Making that point, Turley said:
“Well, Kavanaugh and Roberts clearly fall into that camp, that’s a majority of the Supreme Court. And I expect you could really push a near unanimity, if not unanimity of the — if not unanimous court on that issue. So much of what the President said, frankly, I thought was fairly inaccurate and at times quite unfair.”
Watch Turley here:
Biden, for his part, probably never even read the opinion to know what the justices said, as he can’t even seem to read his teleprompter correctly.