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Supreme Court Sidesteps Abortion Question in Ruling on Indiana Law
Tuesday, 28 May 2019 12:47

Liptak writes: "The Supreme Court on Tuesday sidestepped part of a case that could have tested the constitutional right to abortion established in Roe v. Wade, turning down an appeal to reinstate a strict Indiana abortion law."

Protesters rallying in front of the Supreme Court earlier this month against state laws that aim to limit abortion. (photo: Hilary Swift/The New York Times)
Protesters rallying in front of the Supreme Court earlier this month against state laws that aim to limit abortion. (photo: Hilary Swift/The New York Times)


Supreme Court Sidesteps Abortion Question in Ruling on Indiana Law

By Adam Liptak, The New York Times

28 May 19

 

he Supreme Court on Tuesday sidestepped part of a case that could have tested the constitutional right to abortion established in Roe v. Wade, turning down an appeal to reinstate a strict Indiana abortion law. But the court, in an apparent compromise, upheld part of the same law regulating the disposal of fetal remains.

The first part of the law banned abortions sought solely because of fetal characteristics like sex or disability. The law’s second provision required abortion providers to bury or cremate fetal remains.

The court’s decision, issued without briefing on the merits or oral arguments, was unsigned and just three pages long. It stressed that its decision upholding the fetal-remains provision “does not implicate our cases applying the undue burden test to abortion regulations.”

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