As the court dodges the issue, he takes an honest look at the racial history—as he’s done in many cases.
It’s June, not February, but that hasn’t stopped Clarence Thomas from offering some lessons in black history to his colleagues on the Supreme Court.
The occasion is an Indiana abortion case, Box v. Planned Parenthood. In 2016 the state passed a law banning so-called selective abortions—based on race, gender or disability—and requiring that a baby’s remains be cremated or buried after the procedure is finished. The law was challenged, and the Seventh U.S. Circuit Court of Appeals found both provisions unconstitutional.
To Justice Thomas’s chagrin, last week’s Supreme Court ruling only partially settled the matter. It upheld the state requirement on the disposal of fetal remains but declined to consider the constitutionality of laws that prohibit what he termed “eugenic” abortions. Sooner or later, writes Justice Thomas, the court will have to take up the issue. “Having created a constitutional right to an abortion, this Court is dutybound to address its scope.”
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