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Supreme Court declines to hear challenge to transgender restroom policy

Supreme Court declines to hear challenge to transgender restroom policy

In 2017, the state enacted the Sex-Selective and Disability Abortion Ban at issue in the Supreme Court ruling on May 28.

While it's not exactly a surprise that Thomas, perhaps the court's most conservative justice, would take a hard line on abortion, he's amped up his rhetoric just as many red states have been pusing their own extreme bans on the procedure.

As Easterbrook powerfully opined last June in dissenting from the Seventh Circuit's decision not to rehear the case in front of the full court, "None of the [Supreme] Court's abortion decisions holds that states are powerless to prevent abortions created to choose the sex, race, and other attributes of children". "We follow our ordinary practice of denying petitions insofar as they raise legal issues that have not been considered by additional Courts of Appeals".

In his concurrence, Thomas said the court would have to at some point "confront" the type of abortion ban passed by IN in 2016 that was struck down by an appellate court previous year. This Court has already acknowledged that a State has a 'legitimate interest in proper disposal of fetal remains.'.

Enshrining a constitutional right to an abortion based exclusively on the race, sex, or disability of an unborn child, as Planned Parenthood advocates, would constitutionalize the views of the 20th-century eugenics movement.

"This case, as litigated, therefore does not implicate our cases applying the undue burden test to abortion regulations", the ruling said.

Justice Clarence Thomas wrote a long, anti-abortion-rights concurrence, criticizing the court's reluctance to take up the IN law more fully.

"This is all the fallout of Brett Kavanaugh being confirmed to replace Anthony Kennedy", Toobin said.




The high court's ruling likely also will affect a similar cross-bordering shooting case in which Border Patrol agent Lonnie Swartz fatally shot Jose Antonio Elena Rodriguez, a 16-year-old Mexican citizen, from across the border in Arizona. Alabama, Georgia, Missouri, Mississippi and other states have passed restrictive abortion laws in recent months.

The challenge was raised by the Alliance Defending Freedom, a group that uses religion as a club against LGBT people.

"Tragically, many states do not ensure that the bodies of miscarried, stillborn or aborted infants are treated with dignity".

Ginsburg and Sotomayor would have backed the lower court's decision in both instances.

The Supreme Court's decision leaves standing the USA 3rd Circuit Court of Appeals unanimous ruling a year ago that the Pennsylvania school district can continue allowing transgender students to use bathrooms that align with their gender identity ... "The Constitution itself is silent on abortion".

Thomas penned an extensive commentary (pdf) on the link between eugenic manipulation and abortion in an opinion concurring with the court's decision to not hear a case concerning an in law which prohibited abortions in cases where mothers chose to abort on the basis of a child's race, gender, disability, a diagnosis for Down Syndrome, and other characteristics. "The fetal remains provision easily satisfies that extremely deferential standard".

The court's order leaves in a place a federal appeals court ruling that held the Boyertown School District in Berks County could continue to allow transgender students the choice of what facilities to use.

Thomas also wrote: "The court will soon need to confront the constitutionality of laws like Indiana's".

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