WASHINGTON – The Supreme Court upheld an Indiana law Tuesday that required the burial or cremation of fetal remains following an abortion, but the justices refused to consider the state's effort to ban abortions based on sex, race or disability.
The abortion law, hailed by Gov. Mike Pence in 2016 before he became vice president as a "comprehensive pro-life measure that affirms the value of all human life," had been challenged successfully by Planned Parenthood.
The Indiana law is among many challenging the timing, methods and providers of abortion that are headed toward the high court at a time when Chief Justice John Roberts and his colleagues are seeking a lower profile.
In February, the court temporarily blocked abortion restrictions in Louisiana that critics complained were virtually identical to Texas limits struck down by the justices in 2016. Roberts sided with four liberal justices in taking that action, which makes it likely the court will hear the state's appeal in the fall or early next year.
A three-judge panel of the U.S. Court of Appeals for the 7th Circuit last year struck down the Indiana law based on individual privacy rights. "Nothing in the 14th Amendment or Supreme Court precedent allows the state to invade this privacy realm to examine the underlying basis for a woman’s decision to terminate her pregnancy,” the court said.
In its petition to the Supreme Court, the state argued that the provisions "protect the inherent dignity of every human being, born and unborn, before and after death, without infringing on a woman’s constitutional right to decide whether to bear or beget a child.