When the United States’ current Vice President was the Governor of Indiana, he signed a law into action that made it illegal for pregnant women to seek out abortions if their physicians anticipate their in-progress children will be birthed with one or more disabilities. At the time, the Indiana law signed by Mike Pence was one of the most restrictive in the United States. The bill also stated that Indiana would not allow abortions sought out because of sex, nation of origin, race, skin color, or heritage.
The bill was called House Enrolled Act 1337, or HEA 1337.
Earlier today, on Tuesday, May 28, 2019, the United States Supreme Court handed down a ruling that part of the aforementioned law could not be legally enforced from now on.
However, fetuses that have already been aborted and who are awaiting cremation must, in fact, be buried as planned.
Although now-former Indiana Governor Pence was all for the bill being enacted, the 7th United States Circuit Court of Appeals blocked it from actually being written into law books. The Circuit Court’s judge who ruled on the case, Judge William Bauer, stated in a written ruing that Indiana’s pending law was unconstitutional.
Earlier today, Supreme Court Justice Clarence Thomas decided not to limit the scope in which pregnant women could pursue abortions today, though Thomas did state that the Supreme Court “soon [needs] to confront” the hot-button abortion issue. It’s not immediately clear when the Supreme Court will tackle this issue. Some experts believe that the ruling won’t happen at any time throughout the next few months, if not year or two – or three.
Others believe that, because the other four right-leaning Supreme Court justices did not agree with Justice Thomas on addressing the issue in the future at the federal level – Brett Kavanaugh, Samuel Alito, John Roberts, and Neil Gorsuch – meaning that Clarence Thomas’ opinion could be exactly that: nothing more than an opinion.
Abortions were first made legal in the United States as the result of the Supreme Court’s ruling on the 1973 case Roe v. Wade, when the highest court of law in the country voted in favor of giving women the right to privacy, effectively allowing pregnant women themselves to decide if they should get abortions, by a margin of 7–2.
This precedent is likely to strike down Alabama’s recent abortion bill, as well as the one Georgia passed.