The Supreme revealed today that a provision of an Indiana law that gave the state the right to disallow abortions based on race, sex, or disability should remain blocked.
However, the Supreme Court did reveal that it would allow a portion of the law that states that clinics must bury or cremate fetal remains to be initiated.
The Supreme Court chose not to battle with the more controversial provision of the law. This reveals that the Supreme Court had no desire to move in an aggressive manor in terms of questioning the main abortion precedents set by Roe v. Wade and Casey v. Planned Parenthood. The recent decision should be of concern to people who support abortion due to the fact that the court allowed the fetal tissue provision to be initiated.
This law was signed in March 2016 by former Indiana Governor Mike Pence. Last year, the law was blocked from being enforced by the Seventh US Circuit Court of Appeals.
In the decision last year, Judge William Bauer said that aspects in the law that prohibit women from having an abortion under certain circumstances blatantly violate a well-known Supreme Court precedent, therefore making the provisions in violation of the US Constitution.
Justice Clarence Thomas agreed with the decision and said the court was correct in not allowing the provision at the current time. Thomas did say that the courts will eventually have to confront the issue, however.
Thomas explained that the court, although correct, cannot avoid these issues permanently. Thomas said that because the Supreme Court created a right constitutionally to an abortion, the court has a duty to address the scope of such a creation. Because of this assumption by Thomas, it is easy to understand why the District Court and the Seventh Circuit looked to Case v. Planned Parenthood to find answers. This was the only avenue, as the US Constitution itself remains silent regarding the issue.
Thomas also wrote to reveal his support for the aspect of the law that states that fetal remains be buried or cremated.
Thomas explained that he assumed that nothing in the US Constitution or any decision of the Supreme Court prohibits a state from demanding abortion facilities to engage in the respectful and humane treatment of the remains of humans.
The law in Indiana states that the fetal remains must be disposed of in the same manor as the remains of other humans. This refers to being buried or cremated. Another provision of the law claims that the state can disallow abortion that is primarily decided by the sex, race, or disability of the fetus.
The lower courts have also blocked this law from being enforced.
In court documents, Curtis Hill Jr., the Attorney General of Indiana, stated that the language expands on well-known and long ago established legal and cultural traditions of supporting the dignity and humanity of the fetus.
This story is currently breaking, and updates and possible changes may take place in the coming days and/or weeks.