Box v. Planned Parenthood of Indiana and Kentucky, Inc.
United States Supreme Court
587 U.S. ___ (2019)
- Written by Kyli Cotten, JD
Facts
Indiana passed a law excluding fetal remains from the definition of infectious and pathological waste; it effectively prevented fetal remains from being incinerated with other surgical byproducts. Planned Parenthood of Indiana and Kentucky (Planned Parenthood) (plaintiff) brought suit, challenging the constitutionality of the law. Planned Parenthood argued that although the law did not burden a fundamental right, it still failed to pass the rational-basis test. The district court granted a preliminary injunction, and later a permanent injunction, against the law. The United States Court of Appeals for the Seventh Circuit affirmed, holding that Indiana’s state interest in the “humane and dignified disposal of human remains” was not a legitimate interest and that there was no rational relationship between the alleged interest and the law as written. Indiana petitioned the United States Supreme Court for certiorari.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
Concurrence (Thomas, J.)
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