The Supreme Court’s Cultural Winners

The liberals outlaw nearly any state abortion regulation.

An important, persistent question of our times is how to account for the wide political and social polarization between liberals and conservatives. Monday’s 5-3 Supreme Court decision striking down a Texas abortion law reveals what’s beneath these divisions.

The Court’s opinion in Whole Woman’s Health v. Hellerstedt was about abortion certainly, but the argument between the majority and minority goes deeper. In the final paragraph of his dissent, Justice Clarence Thomas went to the heart of the matter.

He noted first the divisions that always emerge from an abortion case: “Today’s decision will prompt some to claim victory, just as it will stiffen opponents’ will to object.” But, he continued, “the entire Nation has lost something essential.” He said the majority’s reasoning is an acknowledgement that “we have passed the point where ‘law,’ properly speaking, has any further application.” Justice Thomas is accusing his colleagues of lawlessness.

If putting it that way sounds familiar, it is because Justice Thomas was quoting from a law review article by the late Justice Antonin Scalia. Bluntly stated, the dissents by Justices Thomas and Samuel Alito accuse the majority of manipulating the Court’s precedents to police rights favored by liberal politics and to delegitimize the claims of their opponents. The favored right in this case is access to abortion.

More From The Wall Street Journal (subscription required):