Responding to breaking news that the U.S. Supreme Court has upheld a provision in a restrictive Indiana anti-abortion law that mandates fetal tissue must either be buried or destroyed, CNN legal analyst Jeffrey Toobin blamed newly-appoint Justice Brett Kavanaugh for a change in direction for the court.
While the court allowed a lower case ruling that banned a restriction on abortions based upon sex, race or disability of fetus, Toobin said the controversial appointment of Kavanaugh has opened the floodgates for anti-choice activists to flood the court with cases chipping away at a woman's right to choose.
"This is all the fallout of Brett Kavanaugh being confirmed to replace Anthony Kennedy," told hosts Jim Sciutto and Poppy Harlow. "Anthony Kennedy was a firm vote to support a woman's right to choose abortion. Brett Kavanaugh -- we don't know his views exactly, although we do know that President [Donald] Trump said he would appoint people to the bench who will vote to overturn Roe v. Wade."
"So in state after state, in more conservative states, they have passed laws restricting the right to abortion," he continued. "Indiana is one of them. The most extreme came from Alabama just a couple of weeks ago. but there are many of these -- these laws that are now working their way through the courts."
"The court here decided not to engage with the Indiana law -- it decided to let stand a ruling that overturned part of it," he elaborated. "A relatively pro-choice ruling. But the question that hovers over all of this is when and whether the Supreme Court will decide on the merits of one of these abortion cases, because there are going to be at least a dozen of them working their way through the courts in the next year."
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