U.S. Supreme Court Agrees to Hear Fetal Remains Law; Declines to Address Sex-Selection/Race/Down Syndrome Abortion Ban

Supreme Court building

This week, the U.S. Supreme Court agreed to hear further argument on an Indiana law that requires abortion providers to properly dispose of fetal remains by either burying them or cremating them, treating them as human remains rather than medical waste. The court declined, however, to take up for consideration a second provision of the Indiana law that bans abortions sought solely on the basis of the sex or race of the unborn child or based upon a diagnosis of Down Syndrome. In the opinion denying a hearing on the second provision, the Supreme Court indicated that only one federal circuit court has yet to rule on such a law. In a dissenting opinion, Justice Clarence Thomas stated that while the court "declines to wade into these issues today, we cannot avoid them forever."

June 3, 2019 - 7:43am

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