Clarence Thomas Speaks the Truth for SCOTUS on Abortion

American Thinker.com ^ | May 29, 2019 | Mario Diaz

[Kaslin]

In today's concurring opinion in Box v. Planned Parenthood of Indiana and Kentucky, Justice Clarence Thomas dared speak the truth about the abortion industry in an area of law and policy infested with euphemisms, deception, and distortion. That "the Constitution itself is silent on abortion," for example, is a most obvious observation that anyone old enough to read can confirm. But to write it plainly in a Supreme Court opinion, as he did, is nothing short of an act of courage in today's day and age, when the darkness of abortion has such a firm grip on our political, legal, and cultural environments.

The case dealt with an Indiana law that contained two provisions. The first dealt with the "disposition of fetal remains by abortion providers," and the second barred "sex-, race-, or disability-selective abortions by abortion providers." In a Per Curiam opinion (meaning it comes from the Court as a whole and not signed by any particular justice) the Court granted cert. on the first question and reversed the lower-court ruling that had invalidated the law. But it denied hearing on the second question, leaving in place the lower court's ruling that invalidated it.

On the first question, dealing with the disposition of fetal remains, the Court said, "The Seventh Circuit clearly erred" in saying the state's interest in the proper disposal of fetal remains is not legitimate. Justice Thomas said the lower court's decision was "manifestly inconsistent with our precedent." He is right. The Court had already said in Akron v. Akron Center for Reproductive Health that "a State has a 'legitimate interest in proper disposal of fetal remains.'"

The only question, the Court said, is if Indiana's new law is "rationally related" to that clearly legitimate interest.

[Sun]

I hope Justice Thomas never retires.