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Interesting take on my suggestion that something like the Civil Rights Act would be sufficient.
Justice Clarence Thomas agreed that the court was right not to take up the provision at this time, but said justices "soon need to confront" the issue.
He added: "Having created the constitutional right to an abortion, this court is duty bound to address its scope. In that regard, it is easy to understand why the District Court and the Seventh Circuit looked to Casey to resolve a question it did not address. Where else could they turn? The Constitution itself is silent on abortion."
So Thomas seems to want to take up the abortion issue, but other conservatives on the court didn't join his opinion.