Before leaving office to become President Donald Trump's running mate, then-Gov. Mike Pence signed House Enrolled Act 1337. It banned abortions sought specifically because of a preborn baby's race, sex, ethnicity, or potential disabilities. It also required abortionists to bury or cremate fetal remains rather than treating them as medical waste.

Abortion advocates sued, arguing in the words of the American Civil Liberties Union's (ACLU) Ken Falk that every woman has an "absolute right as part of her privacy interests" to use abortion to eliminate children she considers undesirable. A district judge sided with Planned Parenthood, and the Seventh Circuit Court of Appeals upheld their injunction.

In October, Indiana's Republican Attorney General Curtis Hill asked the Supreme Court to consider HEA 1337, arguing that the "right to abortion declared by our Supreme Court protects only the decision not to bear a child at all, not a right to decide which child to bear," and stressing that "our nation knows only too well the bitter fruits of such discrimination."

On Tuesday morning, the Court issued an unsigned order reversing the Seventh Circuit's decision that struck down the fetal burial provision, yet rejecting the state's request to reverse its judgment on the provision banning discriminatory abortions.

"The law did not affect a woman's right under existing law 'to determine the final disposition of the aborted fetus,'" the high court explained. "This Court has already acknowledged that a State has a 'legitimate interest in proper disposal of fetal remains,'" and the "Seventh Circuit clearly erred in failing to recognize that interest as a permissible basis for Indiana's disposition law."

As for the second aspect of the case, the order noted that it "expresses no view on the merits of" whether Indiana "may prohibit the knowing provision of sex, race, and disability-selective abortions by abortion providers," but was instead declining to review it because "only the Seventh Circuit has thus far addressed this kind of law," so the justices would follow their "ordinary practice of denying petitions insofar as they raise legal issues that have not been considered by additional Courts of Appeals"... Subscribe for free to Breaking Christian News here

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