The Supreme Court is in the process of handing down their most controversial decisions.
But one case stood out above the rest.
And the Supreme Court just handed down a ruling that took everyone by surprise.
The Supreme Court considered two Indiana laws restricting abortion.
One mandated that abortion clinics not dispose of babyies like medical waste and instead provide burials and cremations.
The second banned abortions for race, gender, or disability reasons.
The Supreme Court upheld the Indiana law on fetal burials but left a lower court ruling in place blocking the ban on race and gender selective abortions.
In their unsigned opinion, the Justices wrote that they expressed no opinion one way or the other on this law, but that since only one circuit weighed in there was no conflict at the lower court levels for them to resolve.
The Daily Caller reports:
The 7th Circuit said Indiana had not identified a rational basis for its fetal disposal regulations, since fetuses do not qualify as human beings and thus cannot be regulated like persons under law. The Supreme Court summarily reversed that finding, a rarely-used mechanism saved for decisions that are clearly wrong.
“This Court has already acknowledged that a state has a ‘legitimate interest in proper disposal of fetal remains,’” the high court’s unsigned opinion reads. “The 7th Circuit clearly erred in failing to recognize that interest as a permissible basis for Indiana’s disposition law.”
The decision was narrow and left the Court’s “undue burden” test undisturbed, further solidifying the perception of a compromise. In the 1992 Planned Parenthood v. Casey ruling, the justices said that the validity of abortion regulations would turn on whether they imposed an “undue burden” on abortion access. In Monday’s case, Planned Parenthood did not argue that Indiana’s fetal disposal rules impose an undue burden. Rather, Planned Parenthood challenged the provision under a different test.
“This case, as litigated, therefore does not implicate our cases applying the undue burden test to abortion regulations,” the opinion reads.
In a concurring opinion, Justice Clarence Thomas wrote that abortion was a modern-day eugenics movement and the Supreme Court would have to eventually take up sex and race-selective abortion bans.
We will keep you up-to-date on any new developments in this ongoing story.