Supreme Court Open to State Abortion Laws?



Supreme Court Building

This is a recap story from May 20-28

In May, the Supreme Court displayed acceptance of state abortion laws by upholding an Indiana law which dictated the discarding of fetal remains.

This is due to Box v Planned Parenthood of Indiana challenging the decision of the state to remove aborted fetuses from the “infectious waste” definition in its code. It also challenged the code in the law that made it illegal to abort a fetus in cases of race, gender, and disability. The Supreme Court upheld the infectious waste code change but deemed the discrimination clause in the code unlawful.

This essentially means the fetus needs to be treated with dignity and respect when disposing of it, but the mother can choose to abort the child if she finds herself carrying a baby that is neither the race or gender she prefers or if the baby has debilitating birth defects.

The Roberts Court, June 1, 2017. Seated, from left to right: Justices Ruth Bader Ginsburg and Anthony M. Kennedy, Chief Justice John G. Roberts, Jr., and Justices Clarence Thomas and Stephen G. Breyer. Standing, from left to right: Justices Eleana Kagan, Samuel A. Alito, Sonia Sotomayor, and Neil M. Gorsuch. Photograph by Franz Jantzen, Supreme Court Curator’s Office.

Justice Thomas commended the discrimination provision calling it “a state’s compelling interest in preventing abortion from becoming a tool of eugenics.”
After a heated exchange between Justices Ginsburg and Thomas, Justice Ginsburg wrote, “A woman who exercises her constitutionally protected right to terminate a pregnancy is not a mother” in response to a twenty-page opinion piece where Justice Thomas attempted to link birth control and abortion to eugenics.

The final vote was 5-4, with two judges dissenting.

There are concerns going forward of a possible rise in abortion costs in Indiana due to the new disposal requirements.

The Supreme Court has two more upcoming abortion bills to adjudicate, Alabama and Louisiana.

Anissa “Maddy” Walker

Sources for post
Reuters
Associated Press
Any other sources used are linked throughout the post.

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