U.S. Supreme Court avoids abortion question, upholds fetal burial measure
WASHINGTON (Reuters) - The U.S. Supreme Court on Tuesday sent a mixed message on abortion, refusing to consider reinstating Indiana’s ban on abortions performed because of fetal disability or the sex or race of the fetus while upholding the state’s requirement that fetal remains be buried or cremated after the procedure is done. Both provisions were part of a Republican-backed 2016 law signed by Vice President Mike Pence when he was Indiana’s governor. The action by the justices comes at a time when numerous Republican-governed states including Alabama are approving restrictive abortion laws that the Supreme Court may be called upon to rule on in the future.
In an unsigned ruling, with two of the nine-member court’s liberals dissenting, the Supreme Court decided that a lower court was wrong to conclude that Indiana’s fetal burial provision, which imposed new requirements on abortion clinics, had no legitimate purpose. The court has a 5-4 conservative majority. While the fetal burial provision was not a direct challenge to the 1973 Roe v. Wade decision that legalized abortion, the ruling gave anti-abortion proponents a victory at the Supreme Court, which soon may have to decide whether various state laws violate the rights recognized in that landmark ruling.
But the court also indicated a reluctance to directly tackle the abortion issue at least for now, rejecting Indiana’s separate attempt to reinstate its ban on abortions performed because of fetal disability or the sex or race of the fetus. The court left in place the part of an appeals court ruling that struck down that the provision. “While this ruling is limited, the law is part of a larger trend of state laws designed to stigmatize and drive abortion care out of reach. Whether it’s a total ban or a law designed to shut down clinics, politicians are lining up to decimate access to abortion,” said Jennifer Dalven, a lawyer with the American Civil Liberties Union, which was part of the legal challenge to the Indiana law.
The fetal burial ruling stated that the Supreme Court has previously said that states have a legitimate interest in the disposal of fetal remains. The court noted that in challenging the law, women’s healthcare and abortion provider Planned Parenthood did not allege that the provision implicated the right of women to obtain an abortion. “This case, as litigated, therefore does not implicate our cases applying the undue burden test to abortion regulations,” the ruling said.
The Indiana case was one of the court’s first major tests in abortion context following the retirement last year of Justice Anthony Kennedy, who was pivotal in defending abortion rights. Kennedy was replaced by President Donald Trump’s conservative appointee Brett Kavanaugh. Anti-abortion activists hope the high court will be more receptive to abortion restrictions following Kennedy’s departure. Alabama, Georgia, Missouri, Mississippi and other states have passed restrictive abortion laws in recent months.
https://www.reuters.com/article/us-usa-court-abortion/u-s-supreme-court-avoids-abortion-question-upholds-fetal-burial-measure-idUSKCN1SY1I5