Article courtesy of The Federalist, written by Bre Payton.
Justice Clarence Thomas wrote a dissenting opinion ripping apart the court’s tendency to bend over backwards to accommodate abortion. Here are eight of the sickest burns in that opinion.
1. The court’s interpretation of “undue burden” is confusing as hell.
Today’s opinion does resemble Casey in one respect: After disregarding significant aspects of the Court’s prior jurisprudence, the majority applies the undue-burden standard in a way that will surely mystify lower courts for years to come.
2. Judges aren’t medical experts — even if they try to appoint themselves as such.
Moreover, by second-guessing medical evidence and making its own assessments of ‘quality of care’ issues. . . the majority reappoints this Court as ‘the country’s ex officio medical board with powers to disapprove medical and operative practices and standards throughout the United States.’ . . . And the majority seriously burdens States, which must guess at how much more compelling their interests must be to pass muster and what ‘commonsense inferences’ of an undue burden this Court will identify next.