Supreme Court Upholds Indiana Abortion Law on Disposal of Fetal Remains

The high court ruled that fetal remains must be buried or cremated, but declined to take up a provision that would prevent abortions based on gender, race or disability.

By Lisa Hagen, Staff Writer?May 28, 2019
By Lisa Hagen, Staff Writer?May 28, 2019, at 11:21 a.m.

安博电竞官网 High Court Upholds Indiana Abortion Law

The Associated Press

The Supreme Court is upholding an Indiana law that requires abortion providers to dispose of aborted fetuses in the same way as human remains.The Associated Press

The Supreme Court on Tuesday upheld part of Indiana's abortion law that requires the disposal of fetal remains, but declined to take up another provision that would restrict abortions.

In a 7-2 ruling, the high court ruled that the remains of an aborted or miscarried fetus must be buried or cremated, reversing a decision by U.S. Court of Appeals for the 7th Circuit that blocked the law.

But the justices declined to weigh in on another provision that would prevent women from having "discriminatory" abortions based on the gender, race or disability of the fetus. The Supreme Court said it denied review because it wants other appellate courts to rule on the matter.

"We reiterate that, in challenging this provision, respondents have never argued that Indiana's law imposes an undue burden on a woman's right to obtain an abortion," the court's unsigned opinion reads.

"This case, as litigated, therefore does not implicate our cases applying the undue burden test to abortion regulations."

Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented in the ruling on fetal remains. The Indiana law was signed by Vice President Mike Pence when he was the state's governor.

The Supreme Court's move comes as a number of state legislatures in red states pass restrictive abortion laws, with some banning abortion at six weeks. Their decision not to rule on abortion restrictions in Indiana signals that it's unlikely they take up other bans in the near future.

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