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Strict Scrutiny

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The Supreme Court's Critique of Abortion Jurisprudence

Justice Thomas writes separately to say here abortion providers persuaded the district court despite mixed medical evidence that other abortion methods were too risky. The lower courts therefore held that Obama's law had the effect of burdening abortions even though it did not prevent them. This case serves as a stark reminder that our abortion jurisprudence has spiraled out of control, he says.

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