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Indiana’s abortion petition relisted at U.S. Supreme Court

January 7, 2019

Indiana’s petition for a review of its 2016 abortion law is still pending at the Supreme Court of the United States after the justices relisted the Hoosier state’s writ of certiorari for this Friday’s conference.

The state is asking the Supreme Court to overturn a preliminary injunction blocking the implementation of a law that limits when a woman may terminate her pregnancy and mandates how fetal remains should be handled. Indiana’s petition had been distributed for the justices’ Jan. 4 conference but, according to the American Civil Liberties Union of Indiana, the petition has been relisted for the conference on Jan. 11. 

Former Gov. Mike Pence signed House Enrolled Act 1337, which contains the two provisions under review at the Supreme Court, in April 2016. However, the measure never took effect because the U.S. District Court for the Southern District of Indiana issued a preliminary injunction in June 2016.

A split 7th Circuit Court of Appeals panel upheld the preliminary injunction. After the appellate court denied a petition for an en banc hearing, Indiana filed a writ of certiorari with the U.S. Supreme Court.

Under HEA 1337, women would not be able to terminate their pregnancies because of a fetus’ race, gender, national origin, ancestry or genetic abnormality. Also, health care facilities would be required to either bury or cremate the embryonic or fetal tissue.  

The case scheduled for review at this week’s conference is Kristina Box, Commissioner, Indiana Department of Health, et al. v. Planned Parenthood of Indiana and Kentucky, Inc., et al., 18-483.

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