Supreme Court Dodges Again On Abortion Issue, And A Frustrated Justice Thomas Beseeches Court To Act Soon
The Supreme Court decided against hearing a case on an Alabama law prohibiting a type of surgical abortion used in the second trimester of pregnancy. While Justice Clarence Thomas agreed with the decision itself, he also made clear that he wants the court to address the hot-button issue.
Reuters:
Supreme Court Declines Alabama Bid To Revive Abortion Restriction
The law in question is different than an even more strict Alabama measure signed by Republican Governor Kay Ivey in May. The new law, also facing a legal challenge, would ban nearly all abortions in the state, even in cases of rape and incest. Conservative Justice Clarence Thomas wrote an opinion agreeing with the court's decision not to hear the issue now but making clear that he would vote to uphold such laws. (Hurley, 6/28)
CNN:
Clarence Thomas Urges Supreme Court To Revisit Abortion Precedents
Thomas agreed that the court should not have taken up this case because a lower court had held that other abortions methods available in Alabama were "too risky." He reiterated, however, that the Supreme Court should revisit its precedent on abortion. He described the high court's abortion jurisprudence as having "spiraled out of control" and urged the justices to take up the issue soon. "Although this case does not present the opportunity to address our demonstrably erroneous 'undue burden 'standard, we cannot continue blinking the reality of what this court has wrought," Thomas added. (Kelly and de Vogue, 6/28)
The Hill:
Supreme Court Rejects Bid To Restore Alabama Abortion Law
Friday's move by the Supreme Court means the justices will once again duck on having to rule on abortion and potentially on the 1973 decision that established a woman's right to the procedure. The Supreme Court earlier this year also declined to hear arguments on an Indiana abortion law, instead choosing to uphold part of the statute that involved fetal remains while sending the rest of it back down to a lower court. They declined to hear a challenge to a provision of the law that blocked abortions on the basis of sex, race or disability. (Thomsen, 6/28)
Bloomberg:
Supreme Court Rejects Alabama Bid To Bar Common Abortion Method
Abortion opponents have been trying to take advantage of the high court’s beefed-up conservative majority now that Justice Brett Kavanaugh has succeeded the retired Justice Anthony Kennedy. Opponents of the Alabama law say it would have eliminated access to abortion in the state after the 15th week of pregnancy. Nine other states have similar laws, though courts have blocked those everywhere except West Virginia and Mississippi. (Stohr, 6/28)
CQ:
Supreme Court Declines To Take Up Abortion Case
Staci Fox, president and CEO of Planned Parenthood Southeast, said the next step is blocking an Alabama law that will ban abortion without exceptions for rape and incest. “This is a major victory for Alabamians and people everywhere. The courts have for now protected our constitutional right to access abortion. But the fight is far from over. We are laser focused on Alabama's latest attack on reproductive health and rights,” said Fox. (Raman, 6/28)
Cleveland Plain Dealer:
Supreme Court Ruling On Alabama Abortion Ban Doesn’t Apply To Ohio, Though Could Affect Pending Lawsuit
U.S. Supreme Court’s decision to not take up a case that challenged Alabama’s law banning a common second-trimester abortion method has little immediate bearing on a similar law in Ohio. However, people involved in the abortion legal fight say it could as Ohio continues to defend its law, and anti-abortion activists try to push a conservative-leaning high court to settle the issue once and for all. (Heisig, 6/28)
