'We cannot continue blinking the reality of what this court has wrought,' Thomas wrote in his short but scathing opinion.
Supreme Court Justice Clarence Thomas reiterated his call for the court to revisit abortion rights on Friday, writing in an opinion that the high court's decisions on the issue has"spiraled out of control."
"Today, we are confronted with decisions requiring States to allow abortion via live dismemberment," he continued."None of these decisions is supported by the text of the Constitution." The"undue burden" standard is the test court's have been using since the early 1990s to evaluate whether state abortion laws are constitutional. In, the Supreme Court declared that"an undue burden exists and therefore a provision of law is invalid if its purpose or effect is to place substantial obstacles in the path of a woman seeking an abortion before the fetus attains viability.
The court ruled to reinstate Indiana's fetal burial provision, but refused to hear the state's appeal to revive a measure banning abortion based on fetal disability, sex or race. Their reasoning for declining to take on the case was that no other circuit court had ruled on the subject.
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