The US Supreme Court today declined to review a lower court ruling that had invalidated Alabama’s ban on dismemberment abortions. Justice Thomas concurred in the ruling but noted–
“This case serves as a stark reminder that our abortion jurisprudence has spiraled out of control. Earlier this Term, we were confronted with lower court decisions requiring States to allow abortions based solely on the race, sex, or disability of the child. Today, we are confronted with decisions requiring States to allow abortion via live dismemberment. None of these decisions is supported by the text of the Constitution. Although this case does not present the opportunity to address our demonstrably erroneous ‘undue burden’ standard, we cannot continue blinking the reality if what this Court has wrought.”