The penumbras conundrum of Clarence Thomas

Cotter’s Corner

By Daniel A. Cotter

Daniel A. Cotter is a partner at Latimer LeVay Fyock LLC and author of the upcoming book “The Chief Justices” (Twelve Tables Press). The views expressed here are solely those of the author. He can be reached at dcotter@llflegal.com.

Posted May 31, 2019 3:42 PM

Updated June 3, 2019 12:07 PM

In the last Cotter’s Corner, we discussed the ascendancy of Justice Clarence Thomas as potential leader of the right bloc.Last week, in the case addressing Indiana’s abortion law, Box v. Planned Parenthood Of Indiana And Kentucky Inc., Thomas wrote a concurrence in which he mentioned the absence of anything in the Constitution about abortion.This column examines his reference to penumbras when it suits his needs, while on the topics of privacy and abortion, he creates a conundrum for those wishing to understand …

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