In today’s 5-4 decision of ALBERTO R. GONZALES, ATTORNEY GENERAL v. LEROY CARHART ET AL. Justice Clarence Thomas joined the majority in upholding the Partial Birth Abortion ban, but went further to write a concurring opinion in which he was joined by Justice Scalia and stated:

I write separately to reiterate my view that the Court’s abortion jurisprudence, including Casey and Roe v. Wade, 410 U. S. 113 (1973), has no basis in the Constitution. See Casey, supra, at 979 (SCALIA, J., concurring in judgment in part and dissenting in part); Stenberg v. Carhart, 530 U. S. 914, 980-983 (2000) (THOMAS, J., dissenting).

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