Supreme Court Justice Clarence Thomas has sounded the alarm and predicted that Roe v. Wade will be challenged and the court will have to hear arguments about the abortion law, based on Indiana’s controversial 2016 abortion ban.
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“Given the potential for abortion to become a tool of eugenic manipulation, the court will soon need to confront the constitutionality of laws like Indiana’s,” Thomas wrote in a 20-page opinion.
Thomas also determined in his evaluation that “further percolation” on the matter is needed.
On Tuesday, the justices let stand Indiana’s high court’s provision that aborted fetuses need to be buried or cremated. Indiana’s restrictive abortion law bans women from aborting a fetus based on its race, gender or disability and mandates a burial for aborted fetuses, but the justice invalidated that part for now, The NY Post reports.
That means that a showdown in the Supreme Court is on its way and the justice will have to eventually consider the law. Thomas wrote, “We cannot avoid them forever. Having created the constitutional right to an abortion, this Court is duty bound to address its scope.”
The Supreme Court’s ruling follows a massive push by Republican-led states to enact extreme abortion laws, putting forth a stranglehold on women’s reproductive rights and forcing a high court faceoff over Roe v. Wade and a woman’s right to choose.
Georgia and Alabama are among the states that passed restrictive abortion laws in recent weeks.
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In a 7-2 decision, the court determined that clinics must dispose of aborted fetuses as it would human remains. Justices Ruth Bader Ginsburg and Sonia Sotomayor both dissented in their opinions. The decision overturns a lower court’s determination that a burial served no valid purpose.
It was decided that the decision would have no bearing on a woman’s right to seek an abortion.
The 2016 law was signed by then Indiana governor Mike Pence.
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