Justice Clarence Thomas’ Long And Labyrinthine Opinion On Abortion This Week Should Be Setting Off Way More Alarm Bells Than It Is…
Since the Constitution says nothing about abortion, where is a Justice to turn?
We held off on writing about this for a few days, even though we found Justice Thomas’ opinion when we first read it to be disturbing, and also borderline obsessive. But we are not lawyers, so we wanted to make sure he’s actually saying what we think he’s saying, and it’s not just some legalese. And each time we read it, it convinced us more that we were reading it correctly, and so here we are…
First of all, Justice Thomas’ concurring opinion was the product of a compromise within the Court on Box v. Planned Parenthood, which means an Indiana law that was overturned by a lower court, won’t be one of the cases it hears, at least not right away. The decision upholds part of that Indiana law, that requires fetal remains to be buried or cremated. But it does not allow immediate implementation of a second part of that law that would expressly forbid abortion on the basis of sex, race, or disability (such as finding a fetus has Down syndrome).
Anyway, Thomas and other Justices indicated they were leaving it stand not because they thought the…
