Supreme Court Archives - Page 2 of 3

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Supreme Court

Anti-Discrimination Laws in the Womb: New Momentum for Protection

Something interesting is afoot in recent disappointments for advocates of the right to life. In a series of cases that may test the appeal of a new jurisprudence on abortion, two federal appeals courts and the Supreme Court itself have turned aside attempts to enact a law banning disability discrimination abortions.

Charles A. “Chuck” Donovan

October 25, 2019

Supreme Court

Justice Thomas Confirms that Down Syndrome Issue Presents Question of “First Impression”

On May 28, 2019 the U.S. Supreme Court issued a long-anticipated ruling in an abortion case from Indiana involving disposition of fetal remains and whether a state may prohibit abortions performed because of the child’s race, sex, or diagnosis of Down syndrome or other disability.The lower courts had struck down both policies. The Supreme Court reversed the lower court and upheld Indiana’s fetal remains law but declined to rule on the Down syndrome issue at this time.

Thomas M. Messner, J.D.

June 7, 2019

Supreme Court

SCOTUS Upholds Indiana Fetal Remains Law, Denies Cert on Discriminatory Abortion Ban

Today the U.S. Supreme Court reversed a lower court ruling and upheld an Indiana law, signed by then-Governor Mike Pence, requiring the humane and dignified disposition of human fetal remains. In the same opinion, without expressing any opinion for or against the law, the Court also denied review of Indiana’s prenatal nondiscrimination law, also signed by Pence, protecting unborn children from eugenic and other discriminatory abortions, such as those carried out on the grounds of race, sex, or conditions like Down syndrome.

Charlotte Lozier Institute

May 28, 2019

Supreme Court

Justice Thomas to Supreme Court Justices: Don’t “consult popularity,” rely only on “the Constitution and the laws”

Last week Justice Clarence Thomas issued a respectful but strong admonition to his colleagues on the U.S. Supreme Court in his dissent from the Court's decision to deny review in two suits filed by Planned Parenthood.

Thomas M. Messner, J.D.

December 18, 2018