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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSupreme Court won't revive ban on so-called 'discriminatory' abortions, Indiana
Supreme Court allows Indiana abortion law governing disposal of fetal remains, but wont revive ban on so-called discriminatory abortions
https://www.cnbc.com/2019/05/28/supreme-court-allows-indiana-abortion-law-governing-disposal-of-fetal-remains-but-wont-revive-discriminatory-abortion-bansupreme-court-allows-indiana-abortion-law-governing-disposal-of-fetal-remains-b.html
- The Supreme Court on Tuesday permitted an Indiana abortion law governing the disposal of fetal remains. But it declined to revive the states ban on so-called discriminatory abortions based on the fetuss expected race or disability status.
- Both laws were signed by Vice President Mike Pence when he was governor of the state. The courts action represents an incremental move on an explosive social issue that President Donald Trump has signaled he will make an election year talking point.
- The announcement comes as conservative states across the country are passing laws in the hopes of prompting the top court to review its abortion precedents included the landmark 1973 decision in Roe v. Wade.
Justice Thomas concurs on petition for writ of certiorari to the United States Court of Appeals for the seventh circuit
certiorari - a writ or order by which a higher court reviews a decision of a lower court.
http://cdn.cnn.com/cnn/2019/images/05/28/scotus-052819.pdf
I write separately to address the other aspect of Indiana law at issue herethe Sex Selective and Disability Abortion Ban. Ind. Code §163441 et seq. This statute makes it illegal for an abortion provider to perform an abortion in Indiana when the provider knows that the mother is seeking the abortion solely because of the childs race, sex, diagnosis of Down syndrome, disability, or related characteristics. (excluding lethal fetal anomalies] from the definition of disability). The law requires that the mother be advised of this restriction and given information about financial assistance and adoption alternatives, but it imposes liability only on the provider. Each of the immutable characteristics protected by this law can be known relatively early in a pregnancy, and the law prevents them from becoming the sole criterion for deciding whether the child will live or die. Put differently, this law and other laws like it promote a States compelling interest in preventing abortion from becoming a tool of modern-day eugenics. The 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. And significantly, Planned Parenthood founder Margaret Sanger recognized the eugenic potential of her cause. She emphasized and embraced the notion that birth control opens the way to the eugenist".
(I have never seen this argument before regarding abortion and eugenics).
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Supreme Court won't revive ban on so-called 'discriminatory' abortions, Indiana (Original Post)
Beringia
May 2019
OP
calimary
(81,125 posts)1. "...but it imposes liability only on the provider..."
So what is THAT about? Somebodys weasel-way of trying to get around womens opposition to these restrictions? Dont worry honey, we ARE taking away your rights and your privacy but you dont have to deal with actual punishment. Somebody else gets the punishment part, not you. So its all okay, right? Youre cool with it, right?
Beringia
(4,316 posts)2. That could be it
Maybe the people making this law think it would be easier to stop abortions by clamping down on the doctors instead of the patients?
calimary
(81,125 posts)3. "Oh well, that's DIFFERENT! See? WHAT 'war on women'?"