Thomas agreed with the Court's 7-2 ruling that Indiana was free to require medical facilities to provide a dignified burial or cremation for children aborted under their watch, but dissented from the Supreme Court's decision not to rule on the part of the Indiana law that banned abortions done on the basis of gender, race, or disability.
Thomas cautioned that if the Court side-stepped the issue permanently, it could open the door for abortion to be used as a tool of racists and eugenicists, in line with the wishes of Planned Parenthood founder Margaret Sanger and other early, prominent abortion activists.
Thomas agreed that "because further percolation may assist our review of this issue of first impression," the Court was smart to pass on ruling on the Indiana law, The Hill reports, but the Court can't ignore the issue forever.
"Given the potential for abortion to become a tool of eugenic manipulation, the court will soon need to confront the constitutionality of laws like Indiana’s," Thomas wrote. “So long as the Supreme Court forces a policy of unfettered elective abortion on the entire country, it ought to at least allow for states to protect babies from unjust discrimination."