Box v. Planned Parenthood of Ind. & KY.
U.S. Supreme Court · decided May 28, 2019 · Supreme Court Database (Spaeth)
- Decided
- May 28, 2019
- Term
- October Term 2018
- Vote
- 7–2
- Issue area
- Privacy
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Per Curiam. Indiana's petition for certiorari argues that the Court of Appeals for the Seventh Circuit incorrectly invalidated two new provisions of Indiana law: the first relating to the disposition of fetal remains by abortion providers; and the second barring the knowing provision of sex-, race-, or disability-selective abortions by abortion providers. See Ind. Code §§ 16-34-2-1.1(a)(1)(K), 16-34-3-4(a), 16-34- 4-4, 16-34-4-5, 16-34-4-6, 16-34-4-7, 16-34- 4-8, 16-41-16-4(d), 16-41-16-5 (2018). We reverse the judgment of the Seventh Circuit with respect to the first question presented, and we deny the petition with respect to the second question presented. I The first challenged provision altered the manner in which abortion providers may dispose of fetal remains. Among other changes, it excluded fetal remains from the definition of infectious and pathological waste, §§ 16-41-16-4(d), 16-41-16-5, thereby preventing incineration of fetal remains along with surgical byproducts. It also authorized simultaneous cremation of fetal remains, § 16-34-3-4(a), which Indiana does not generally allow for human remains, § 23-14-31-39(a). The law did not affect a woman's right under existing law "to determine the final disposition of the aborted fetus." § 16-34-3-2(a). Respondents have never argued that Indiana's law creates an undue burden on a woman's right to obtain an abortion. Cf.…
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