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SCOTUS Upholds Indiana's 'Fetal Remains' Law...But Not Its Selective Abortion Ban

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The U.S. Supreme Court on Tuesday upheld in Indiana law requiring the remains of aborted babies be disposed of in the same manner afforded to other deceased persons, ruling that the law does not place “an undue burden on a woman’s right to obtain an abortion." 

The law, signed by then-Gov. Mike Pence, required aborted fetal remains to be buried or cremated like other human remains, rather than being disposed of or incinerated as medical waste. The measure had been challenged by Planned Parenthood; however, the Supreme Court ruled that even the abortion industry "never argued that Indiana’s law creates an undue burden on a woman’s right to obtain an abortion,” adding that the law does not restrict women’s access to abortion and that “a State has a 'legitimate interest in proper disposal of fetal remains.’”

The SCOTUS ruling reversed a prior decision by the Seventh Circuit Court of Appeals, which had claimed the law wasn't "legitimate."

The Supreme Court did not, however, choose to reverse the Seventh Circuit Court’s ruling against Indiana's ban on based on an unborn baby’s sex, race, or disability, a measure also signed into law by Pence and challenged by the state's abortion clinics.

Strangely, the Supreme Court’s ruling upholding the state's fetal remains law both affirms an unborn child’s humanity (after all, why mandate the dignified and humane disposal of a body if it’s not human?) while also tacitly affirming the “right” to murder that human in the first place by refusing to address the issue of selective abortion, or abortion in general.

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