Mon Dec 6, 2021 – 11:02 am ESTMon Dec 6, 2021 – 11:04 am EST
WASHINGTON (LifeSiteNews) — Conservative Supreme Court Justice Samuel Alito challenged an attorney for the Biden administration to explain the difference between racist Plessy v. Ferguson and pro-abortion Roe v. Wade during a December 1 hearing on a Mississippi abortion case.
Plessy is the 1896 Supreme Court case, reversed in 1954 by Brown v. Board of Education, that said racial segregation in public accommodations can remain legal if it is “separate but equal.” It paved the way for legal defenses of Jim Crow segregation laws.
“Is it your argument that a case can never be overruled simply because it was egregiously wrong?” Alito, seen as a likely vote to reverse Roe, asked Solicitor General Elizabeth Prelogar during the hearing last week. The Solicitor General represents the Biden administration in front of the Supreme Court.
Prelogar said the Court could only reverse a long-standing precedent if a state “[came] forward with some kind of materially changed circumstance or some kind of materially new argument.”
“Really? So, suppose Plessy v. Ferguson was re-argued in 1897, so nothing had changed,” Alito said. “Would it not be sufficient to say that was an egregiously wrong decision on the day it was handed down and now it should be
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