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Daily Recap — May 28

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A Small Victory for Decency

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Basic human decency won a small victory today when the Supreme Court reversed an activist lower court’s decision invalidating part of Indiana’s abortion law on the disposal of fetal remains, thereby allowing it to go into effect.  The law, which was signed by then-Governor Mike Pence, required that the remains from abortions or miscarriages be buried or cremated. The 7th Circuit Court of Appeals somehow found that law to be unconstitutional, because God knows the Founders would never dream of allowing states to confer dignity upon the remains of human beings. But now, thanks to a rare flare-up of courage from the SCOTUS, an evil has been reversed.

Unfortunately, that rare bout of courage was limited in scope, as even the so-called “conservative” court was sure to explain that they only ruled the way they did because it presented no obstacle to abortion itself.

“We reiterate that, in challenging this provision, respondents have never argued that Indiana’s law imposes an undue burden on a woman’s right to obtain an abortion,” the court’s order reads.  

The high court also displayed its trademark cowardice by refusing to address the other, much more consequential Indiana abortion laws that banned abortions performed on the basis of the baby’s sex, gender or disability. The 7th Circuit Court of Appeals blocked that law, too, and thanks to the Supreme Court, their ruling has been upheld.

Justice Ruth Bader Ginsburg (or her body double, depending on who you talk to) wrote in a separate opinion that while she agreed with the court’s decision to avoid ruling on the law that placed restrictions on abortions, she felt that the justices were wrong not to allow doctors to throw away the remains of babies as if they were common household trash.

“I would not summarily reverse a judgement when application of the proper standard would likely lead to upholding the lower court ruling rejecting the law,” Ginsburg wrote. Justice Sonia Sotomayor also went out of her way to let the court know she would have rejected the appeals for both laws, presumably to preserve her status within the DC cocktail circuit.

The one bright spot was Justice Clarence Thomas who, in a long opinion, wrote that he “would have thought it could go without saying that nothing in the Constitution or any decision of this court prevents a state from requiring abortion facilities to provide for the respectful treatment of human remains.” 

Common decency AND common sense, all contained within the same opinion?? Justice Thomas is indeed a national treasure.

But the real headline came a few remarks later, wherein Thomas said that the court will eventually have to take up abortion laws, writing that he was concerned of the possibility of abortions being used for eugenics. Yes, you read that correctly. A member of the Supreme Court actually had the courage to call out Planned Parenthood for what it is: a eugenics operation designed to bring Margaret Sanger’s vision to fruition.

 “Given the potential for abortion to soon become a tool of eugenic manipulation, the court will soon need to confront the constitutionality of laws like Indiana’s,” Thomas wrote.  

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Big Picture

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Here is the bottom line: We got a small victory while the larger issue was sidestepped, as always.

That said, there was good news to be found aside from the notion of basic decency. Today’s ruling represented the beginning of a “slippery slope,” so to speak; one that is music to the ears of the pro-life crowd but an absolute terror to the abortion industry.

By insisting on giving the unborn the dignity they deserve, the high court has affirmed what lies at the very heart of the abortion issue: sanctity. The remains of the unborn should be treated with respect because they are indeed human remains, not “clumps of cells,” “reproductive material” or any other dehumanizing label meant to reinforce the pro-choice narrative.

Granted, today’s ruling doesn’t make any such value judgment. It’s more an affirmation of a state’s right to legislate toward that end. But in doing so, it supports the idea that Indiana’s concerns were not frivolous. It’s a very small step, but the same type of small step from which every great journey must begin.

We can only hope and pray now that Justice Thomas is able to convince the so-called moderates of the court, like newly-minted Justice Kavanaugh, that all human life truly is sacred. The conversation has been started.

We now need a court with the courage to end it.

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