Supreme Court Upholds Indiana Law Against Discarding Aborted Children’s Body Parts as Infectious Waste
Supreme Court Upholds Indiana Law Against Discarding Aborted Children’s Body Parts as Infectious Waste BYfor The Epoch Times
The nation’s top court overturned a decision by the Seventh Circuit Court of Appeals which ruled that the Indiana law was irrational and unconstitutional.
Supreme Court Justice Clarence Thomas, writing on behalf of the majority, said that the circuit court’s “decision was manifestly inconsistent with our precedent.”
“I would have thought it could go without saying that nothing in the Constitution or any decision of this Court prevents a State from requiring abortion facilities to provide for the respectful treatment of human remains,” Thomas wrote in an opinion (pdf).
The Seventh Circuit Court of appeals ruled that Indiana’s interest in the “humane and dignified disposal of human remains” was not legitimate. The Supreme Court rejected that argument, citing a precedent.
The Indiana Department of Health and others sued Planned Parenthood’s local affiliate and other parties for incinerating aborted children’s body parts together with surgical byproducts, used needles, and lab animal carcasses, arguing that the abortion provider ran afoul of the state’s law requiring for dignified disposal of human remains.
In the same ruling, the Supreme Court denied a request to rule on a decision by the Seventh Court of Appeals to strike down an Indiana law. The law prohibited abortions in cases when the mother made the decision to abort her child solely on the basis of the child’s gender or disability.
“Only the Seventh Circuit has thus far addressed this kind of law,” the opinion stated. “We follow our ordinary practice of denying petitions insofar as they raise legal issues that have not been considered by additional Courts of Appeals.”