Posted on 05/28/2019 7:28:20 AM PDT by SMGFan
The Supreme Court on Tuesday reversed a lower court's decision invalidating part of Indiana's abortion law on the disposal of fetal remains, allowing it to go into effect.
But the court declined to take up a challenge to a provision blocking abortions on the basis of sex, race or disability, avoiding a major ruling on abortion for the time being.
The fetal remains law — signed by then-Gov. Mike Pence (R) — required that the remains from abortions or miscarriages be buried or cremated. The court reversed a ruling from the 7th Circuit Court of Appeals that found the law unconstitutional.
"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 order reads.
(Excerpt) Read more at thehill.com ...
The U.S. Supreme Court reinstated an Indiana law requiring abortion clinics to bury or cremate fetal remains, summarily ruling that a federal appeals court was wrong to strike it down as unconstitutional.
The opinion marks the court’s biggest move on abortion since Justice Brett Kavanaugh was confirmed last year, creating a stronger conservative majority. Only two justices — Ruth Bader Ginsburg and Sonia Sotomayor — indicated publicly that they disagreed with the ruling.
The three-page opinion, issued by the court as a whole, said the state has a legitimate interest in ensuring the proper disposal of fetal remains. The court said opponents never argued that the measure put an “undue burden” on a woman’s right to obtain an abortion.
“The court also said it won’t hear Indiana’s arguments on a separate provision that would bar abortions based on the fetus’s race or gender or the risk of a genetic disorder, such as Down syndrome. In a separate opinion, Justice Clarence Thomas the law advanced “a state’s compelling interest in preventing abortion from becoming a tool of modern-day eugenics.”
Hope this stands. It speaks not to abortion itself, so this will spotlight true intentions.
Abortion? OK, but no dead baby part sales from it. Then we’ll see how altruistic Planned Parenthood actually is (not).
The court split 7-2 in allowing Indiana to enforce the fetal remains measure that had been blocked by a federal appeals court. The justices said in an unsigned opinion that the case does not involve limits on abortion rights.
Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented. Ginsburg said in a short opinion that she believes that the issue does implicate a woman’s right to an abortion ‘‘without undue interference from the state.’’
Stopped the selling of baby parts? Why was there any question?
Yes...the point?
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