(Reuters)— A federal appeals court on Wednesday upheld a permanent injunction blocking Alabama from banning the most common method of second-trimester abortion.
But two judges from the 11th U.S. Circuit Court of Appeals in Atlanta used the 3-0 decision to cast doubt on the Supreme Court’s abortion jurisprudence, including that terminating a pregnancy is a constitutional right. …
“Some Supreme Court Justices have been of the view that there is constitutional law and then there is the aberration of constitutional law relating to abortion,” Judge Ed Carnes wrote. “If so, what we must apply here is the aberration.”
Circuit Judge Joel Dubina, another Bush appointee, wrote separately to agree with Thomas and Scalia that the abortion right “has no basis in the Constitution.”
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