The Supreme Court Tuesday upheld an Indiana law that governs how hospitals and abortion clinics can dispose of fetal remains, ruling the state does have a valid interest in that matter.
But the justices declined to hear a challenge involving the stateβs law banning abortions when the decision is based on race, gender or diagnosed disability such as Down syndrome.
A lower appeals court had struck down that law as an infringement on abortion rights. The court said it wanted to wait for other cases to bubble up before granting a review.
Justice Clarence Thomas, in a passionate concurrence, said he agreed with denying review at this time, but noted the court will soon have to confront the question.
βThe use of abortion to achieve eugenic goals is not merely hypothetical. The foundations for legalizing abortion in America were laid during the early 20th-century birth-control movement. That movement developed alongside the American eugenics movement,β Justice Thomas wrote.
He also agreed with the courtβs decision upholding Indianaβs fetal tissue law as common sense.
βI would have thought it could go without saying that nothing in the Constitution or any decision of this court prevents a state from requiring abortion facilities to provide for the respectful treatment of human remains,β Justice Thomas said.
Justice Ruth Bader Ginsburg and Justice Sonia Sotomayor would have denied the stateβs petition to uphold the disposal law.
Related Coverage
AllSides Picks
Headline Roundup
Supreme Court Weighs Religious Freedom, Anti-Discrimination Laws in Colorado Preschool Case
November 4th, 2026
Headline Roundup
California Voters Reject One-Time 5% Tax on Billionaires
November 10th, 2026
Headline Roundup
Dave Chappelle's Charlie Kirk Joke Draws Criticism and Divided Media Coverage
November 10th, 2026
Recommended Reading
When Trump Goes Out Like a Lion
Dan Schnur
November 9th, 2026
More News about Supreme Court
News from the Left
News from the Center
News from the Right
CNBC