Supreme Court Rules Against Planned Parenthood in Abortion Case

Published by Matt Fishman on

Today May 28, 2019 the United States Supreme Court issued their opinion on Box v. Planned Parenthood, concerning two issues, “the first relating to the disposition of fetal remains by [Indiana] abortion providers; and the second barring the knowing provision of sex-, race-, or disability-selective abortions by [Indiana] abortion providers” (1). The first issue of the case focused on Planned Parenthood’s argument against the constitutionally of the Indiana law which requires that “final disposition of an aborted fetus… must be interred (receiving proper burial underground) or cremated” (2). On this issue the Supreme Court upheld the law, acknowledging “that a State has a “legitimate interest in proper disposal of fetal remains”” (1). Justice Thomas going on to say he “would have thought it could go without saying that nothing… prevents a State from requiring abortion facilities to provide for the respectful treatment of human remains” (1). The latter issue centered around the Indiana law which, “does not allow a fetus to be aborted solely because of the fetus’s race, color, national origin, ancestry, sex, or diagnosis or potential diagnosis of the fetus having Down syndrome or any other disability” (3). The court “expresses no view” on this issue, and additionally explicitly made no comment “on a woman’s right to obtain an abortion” (1).



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