Supreme Court Upholds Indiana’s Fetal Remains law

Here is a link to today’s decision from the US Supreme Court. The Court upheld the constitutionality of Indiana’s law requiring the humane disposal of fetal remains. The court declined to review another provision of Indiana law prohibiting abortions due to the race, sex, or disability of the unborn child. The Court explained that the Seventh Circuit (which had invalidated the Indiana law) was the first federal court of appeals to review such a law. Accordingly, the Court explained that it would “follow [its] ordinary practice of denying petitions insofar as they raise legal issues that have not been considered by additional Courts of Appeals.”

Justice Thomas concurred and wrote a lengthy opinion exploring Indiana’s “compelling interest in preventing abortion from becoming a tool of modern-day eugenics.” Justice Thomas emphasized that the “decision to allow further percolation should not be interpreted as agreement with the decisions below. Enshrining a constitutional right to an abortion based solely on the race, sex, or disability of an unborn child, as Planned Parenthood advocates, would constitutionalize the views if the 20th-century eugenics movement. In other contexts, the Court has been zealous in vindicating the rights of people even potentially subjected to race, sex, and disability discrimination.”

Richard Myers

Richard S. Myers, the Vice-President of UFL, is Professor of Law at Ave Maria School of Law, where he teaches Antitrust, Civil Procedure, Conflict of Laws, Constitutional Law, and Religious Freedom. He is a Phi Beta Kappa graduate of Kenyon College and earned his law degree at Notre Dame, where he won the law school's highest academic prize. He began his legal career by clerking for Judge John F. Kilkenny of the U.S. Court of Appeals for the Ninth Circuit. Professor Myers also worked for Jones, Day, Reavis & Pogue in Washington, D.C. He taught at Case Western Reserve University School of Law and the University of Detroit Mercy School of Law before joining the Ave Maria faculty. He is a co-editor of St. Thomas Aquinas and the Natural Law Tradition: Contemporary Perspectives (Catholic University of American Press, 2004) and a co-editor of Encyclopedia of Catholic Social Thought, Social Science, and Social Policy (Scarecrow Press, 2007). He has also published extensively on constitutional law in law reviews and also testified before Congressional and state legislative hearings on life issues. Married to Mollie Murphy, who is also on the faculty at Ave Maria School of Law, they are the proud parents of six children - Michael, Patrick, Clare, Kathleen, Matthew, and Andrew. http://www.avemarialaw.edu/index.cfm?event=faculty.bio&pid=11705E7D4E0111010366