Supreme Court upholds Indiana abortion law on fetal remains

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

Posted: May 28, 2019 10:45 AM

WASHINGTON (AP) — The Supreme Court is upholding an Indiana law that requires abortion providers to dispose of aborted fetuses in the same way as human remains. But the justices are staying out of the debate over a broader, blocked provision that would prevent a woman in Indiana from having an abortion based on gender, race or disability.

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."

The 7th U.S. Circuit Court of Appeals in Chicago had blocked both provisions of a law signed by Vice President Mike Pence in 2016 when he was Indiana's governor.

The court's action Tuesday keeps it out of an election-year review of the Indiana law amid a flurry of new state laws that go the very heart of abortion rights. Alabama Gov. Kay Ivey this month signed a law that would ban virtually all abortions, even in cases of incest and rape, and subject doctors who perform them to criminal prosecution. The law has yet to take effect and is being challenged in court.

Other states have passed laws that would outlaw abortions once a fetal heartbeat has been detected, typically around six weeks of gestation.

The Indiana measure that would have prevented a woman from having an abortion for reasons related to race, gender or disability gets closer to the core abortion right. While the justices declined to hear the state's appeal of that blocked provision Tuesday, they indicated that their decision "expresses no view on the merits."

Justice Clarence Thomas, who supports overturning the Roe v. Wade decision that first declared abortion rights, wrote a 20-page opinion in which he said the provision promotes "a state's compelling interest in preventing abortion from becoming a tool of modern-day eugenics." No other justice joined the opinion.

West Lafayette
Partly Cloudy
54° wxIcon
Hi: 70° Lo: 51°
Feels Like: 54°
Kokomo
Partly Cloudy
57° wxIcon
Hi: 69° Lo: 53°
Feels Like: 57°
Rensselaer
Cloudy
54° wxIcon
Hi: 69° Lo: 50°
Feels Like: 54°
Fowler
Partly Cloudy
54° wxIcon
Hi: 69° Lo: 49°
Feels Like: 54°
Williamsport
Partly Cloudy
52° wxIcon
Hi: 70° Lo: 50°
Feels Like: 52°
Crawfordsville
Clear
52° wxIcon
Hi: 69° Lo: 49°
Feels Like: 52°
Frankfort
Partly Cloudy
52° wxIcon
Hi: 69° Lo: 50°
Feels Like: 52°
Delphi
Partly Cloudy
55° wxIcon
Hi: 71° Lo: 52°
Feels Like: 55°
Monticello
Partly Cloudy
55° wxIcon
Hi: 72° Lo: 53°
Feels Like: 55°
Logansport
Mostly Cloudy
54° wxIcon
Hi: 69° Lo: 52°
Feels Like: 54°
Warming up with plenty of sunshine!
WLFI Temps
WLFI Planner

Indiana Coronavirus Cases

Data is updated nightly.

Cases: 947918

Reported Deaths: 15377
CountyCasesDeaths
Marion1291181990
Lake635721103
Allen53899761
Hamilton44082449
St. Joseph42122590
Elkhart33803491
Vanderburgh30574449
Tippecanoe26915251
Johnson23727418
Hendricks22410342
Porter21832347
Clark17562231
Madison17492385
Vigo16302285
Monroe14545191
LaPorte14389239
Delaware14183222
Howard13971273
Kosciusko11498135
Hancock10935166
Warrick10737178
Bartholomew10635170
Floyd10514208
Wayne10077226
Grant9213204
Morgan8928160
Boone8463111
Dubois7791123
Dearborn769490
Henry7691133
Noble7466101
Marshall7409128
Cass7219118
Lawrence7026153
Shelby6647111
Jackson661386
Gibson6190107
Harrison609386
Huntington604495
Montgomery5853105
DeKalb581091
Knox5535104
Miami548888
Putnam543268
Clinton537465
Whitley529354
Steuben501768
Wabash488692
Jasper483861
Jefferson474492
Ripley457777
Adams446068
Daviess4231108
Scott409165
Clay394957
White393858
Greene393392
Wells389884
Decatur388797
Fayette378578
Posey362341
Jennings356056
Washington334747
LaGrange325175
Spencer321136
Fountain318455
Randolph317190
Sullivan309449
Owen287064
Starke282864
Fulton280454
Orange277859
Jay257038
Perry254152
Carroll245229
Franklin242838
Rush237030
Vermillion235050
Parke221420
Tipton212055
Pike211740
Blackford170534
Pulaski168551
Crawford147318
Newton145845
Benton143916
Brown135846
Martin130217
Switzerland126910
Warren115616
Union98511
Ohio80511
Unassigned0482

COVID-19 Important links and resources

As the spread of COVID-19, or as it's more commonly known as the coronavirus continues, this page will serve as your one-stop for the resources you need to stay informed and to keep you and your family safe. CLICK HERE

Closings related to the prevention of the COVID-19 can be found on our Closings page.

Community Events