A controversial Texas anti-abortion law has suffered a big defeat in the Supreme Court today, as the judges issue a 5-3 decision striking it down as unfairly restrictive of women’s abortion rights. The decision saw Justice Anthony Kennedy siding with the liberal faction of the court.
The 5-3 ruling is the most significant decision from the Supreme Court on abortion in two decades and could serve to deter other states from passing so-called “clinic shutdown” laws.
Justice Stephen Breyer wrote the majority opinion, which was joined in full by Justice Anthony Kennedy, considered the swing vote on the abortion issue.
“There was no significant health-related problem that the new law helped to cure,” Breyer wrote. “We agree with the District Court that the surgical-center requirement, like the admitting-privileges requirement, provides few, if any, health benefits for women, poses a substantial obstacle to women seeking abortions, and constitutes an “undue burden” on their constitutional right to do so.”
As usual, Justice Clarence Thomas writes beautifully in the dissent.
“The Court has simultaneously transformed judicially created rights like the right to abortion into preferred constitutional rights, while disfavoring many of the rights actually enumerated in the Constitution,” Thomas wrote. “But our Constitution renounces the notion that some constitutional rights are more equal than others. … A law either infringes a constitutional right, or not; there is no room for the judiciary to invent tolerable degrees of encroachment. Unless the Court abides by one set of rules to adjudicate constitutional rights, it will continue reducing constitutional law to policy-driven value judgments until the last shreds of its legitimacy disappear.”
This is a major loss for those who fight for life and the opportunity for a child to reach its full potential. Liberals are cheering for the ability to kill more unborn children, and with Kennedy siding with the liberals in this decision, one has to wonder just exactly how electing Donald Trump to fill the late Antonin Scalia’s seat will make things any better than they are now.