Originally pubished May 29, 2019
While the U.S. Supreme Court this week upheld an Indiana abortion law that requires aborted fetuses to be disposed of in the same way as human remains. The justices declined to uphold a second provision, which would prevent a woman in Indiana from having an abortion based on the fetus’s gender, race or disability.
Justice Clarence Thomas supported the “Sex Selective and Disability Abortion Ban,” which would have made it illegal for abortion providers in Indiana to perform abortions in cases where they know “that the mother is seeking the abortion solely because of the child’s race, sex, diagnosis of Down syndrome, disability, or related characteristics,” he wrote in his opinion.
Ginsburg took umbrage with the use of the term “mother,” which was consistently used by Thomas to describe a woman getting an abortion. “A woman who exercises her constitutionally protected right to terminate a pregnancy is not a ‘mother,'” Ginsburg wrote.