Ex-Asst. US Atty: SCOTUS Unlikely to Take Alabama Abortion Law

Ex-Asst. US Atty: SCOTUS Unlikely to Take Alabama Abortion Law

But the justices passed on deciding whether to reinstate Indiana's ban on allowing doctors to perform an abortion if a woman has opted for the procedure because of the sex or race of the fetus or the "potential diagnosis" of a disability like Down syndrome. Although he recognized that the ruling from the nation's top court was "a relatively pro-choice ruling", he criticized the decision to uphold the part of the law regulating disposal of fetal remains.

US Supreme Court Justice Clarence Thomas, in an opinion released Tuesday, warned that abortion could become a "tool of modern-day eugenics". "A panel of the Seventh Circuit held that this fetal-remains law was irrational, and thus unconstitutional, under the doctrine of 'substantive due process.' That decision was manifestly inconsistent with our precedent, as the Court holds". The top court chose to overturn an appeal to reinstate a strict IN abortion law, which was signed by Vice President Mike Pence when he was still governor of the midwestern state.

The more feasible outcome is that the Supreme Court will continue to tinker with Roe by reviewing laws that arguably impose an "undue burden" on women's right to decide for themselves whether to terminate a pregnancy.

The Court also upheld the Seventh Circuit's invalidation of Indiana's race/sex/"abnormality"-selective abortion ban - a ban that the Seventh Circuit's prominent Judge Frank Easterbook previously described as a "eugenics statute".

Thomas' concurrence, for all of its anti-abortion fire, acknowledged that he agreed with the court's decision to not, for now, take up a case on an Indiana-style ban, so that "further percolation may assist our review of this issue".

The eugenics movement was prominent in the United States for decades, especially on the campuses of elite universities such as Harvard, Stanford, and Yale.

The use of abortion to achieve eugenic goals is not merely hypothetical. Planned Parenthood during their weekly conferences.

"Enshrining a constitutional right to an abortion based exclusively on the race, sex, or disability of an unborn child, as Planned Parenthood advocates, would constitutionalize the views of the 20th-century eugenics movement", Thomas wrote in his 20-page concurring opinion. "She emphasized and embraced the notion that birth control 'opens the way to the eugenist'". Many eugenicists therefore supported legalizing abortion, and abortion advocates - including future Planned Parenthood President Alan Guttmacher - endorsed the use of abortion for eugenic reasons. "The Constitution itself is silent on abortion", Thomas wrote.

"Although Justice Thomas argues that the court will soon have to take up the issue it ducked today, I think it's telling that none of the other conservative justices - John Roberts, Samuel Alito, Neil Gorsuch and Brett Kavanaugh - joined his separate opinion", Vladeck said.

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