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WASHINGTON, DC - APRIL 23: Associate Justice Samuel Alito sits during a group photo of the Justices at the Supreme Court in Washington, DC on April 23, 2021. (Photo by Erin Schaff-Pool/Getty Images)Photo by Erin Schaff-Pool/Getty Images

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 overruled?”

Prelogar said the decision was “egregiously wrong” and should have been “overruled” as soon as possible.

Alito then pressed Prelogar on why other wrongly decided cases could not be reversed immediately.

“So, there are,” Alito said before being briefly interrupted, “circumstances in which a decision may be overruled, properly overruled, when it must be overruled simply because it was egregiously wrong at the moment it was decided?”

He drew a parallel between the “reliance” that the South had on Plessy to the arguments used for abortion today.

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The dangerous ideas of Critical Race Theory (CRT) are being forced on students in public schools around the country.

This is wrong and parents have had enough! It's time to join them in saying "STOP!" to this harmful and racist propaganda.

Please SIGN and SHARE this urgent petition which says "No to CRT" in public schools, and "Yes to parents' right" to strongly protest CRT.

But, what is CRT anyway and why is it so dangerous?

Critical Race Theory is a hateful system of indoctrination which teaches that one race is either superior or inferior to another race, and that the United States is inherently racist.

CRT is dangerous and hateful precisely because it teaches children who are not white to despise and envy white children simply because of their skin color. And, as a result, it also teaches white children to despise themselves simply because of the color of their skin.

CRT also erroneously teaches that American society is inherently racist, and that different, detrimental policies (like reparations for slavery and race-based pay scales) should be imposed on the population to redistribute wealth from whites to non-whites.

This type of racist/marxist propaganda should have NO place in public, taxpayer-funded schools!

And, thankfully, American parents of EVERY COLOR are raising their voices and ballots against it!

Indeed, parents understand the destructive ramifications of CRT and, despite outrageous threats from Biden's Justice Department to prosecute them, they have been strongly protesting CRT at school board meetings across the country!

And now, in the first test of its kind, a candidate who was campaigning hard against CRT just won the governorship of Virginia in a huge upset victory.

That's great news, but we now need to contact every state legislature about this crucial educational issue.

And, we need to DEMAND that they BAN Critical Race Theory from every public school in their states - both primary and high schools, and colleges!

Whereas advocates of CRT seem more intent on vengence than on teaching children of every race to respect everybody, regardless of skin color, American parents of every race understand that it is not the color of one's skin that matters, but the content of one's character (to paraphrase Martin Luther King, Jr.).

Please SIGN and SHARE this urgent petition asking all state legislatures to BAN Crititical Race Theory from public schools in their respective states.

Thank you!


'States are fighting the Left over the morally bankrupt critical race theory' -

'Parents who oppose Critical Race Theory in schools could be prosecuted by FBI' -

Ohio parents testify: Yes, critical race theory is in our schools, and we say NO! -

An excellent Heritage Foundation document on CRT: Critical Race Theory Would Not Solve Racial Inequality: It Would Deepen It

**Photo Credit: EJ Nickerson /

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“The South built up a whole society based on the idea of white supremacy,” Alito said. “So, there was a lot of reliance. It was rely — it was improper reliance. It was reliance on an egregiously wrong understanding of what equal protection means.”

He asked Prelogar to explain what she meant by reliance. The abortion lobby argues that women need abortion to succeed.

“[Pro-abortion Supreme Court ruling] Casey pointed to the individual reliance of women and their partners who had been able to organize their lives and make important life decisions against the backdrop of having control over this incredibly consequential decision whether to have a child,” the Biden administration counsel argued. “And people make decisions in reliance on having that kind of reproductive control, decisions about where to live, what relationships to enter into, what investments to make in their jobs and careers.”

“And so, I think, on a very individual level, there has been profound reliance,” Prelogar said. “And it’s certainly the case that not every woman in America has needed to exercise this right or has wanted to, but one in four American women have had an abortion, and for those women, the right secured by Roe and Casey has been critical in ensuring that they can control their bodies and control their lives.”

She concluded her exchange with Alito by arguing that while “not everyone agrees with Roe v. Wade … just about every person in America knows what this Court held, they know how the Court has defined this concept of liberty for women and what control they will have in the situation of an unplanned pregnancy.”

Read LifeSite’s coverage of Dobbs v. Jackson here.


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