Pro-life Advocates Ask U.S. Supreme Court to Uphold Two Indiana Pro-life Laws

November 16, 2018
CONTACT: Mallory Quigley
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Briefs Submitted in Support of Ban on Down Syndrome Discrimination Abortions and Humane Disposition of Fetal Remains

Washington, D.C.  – The national pro-life group Susan B. Anthony List (SBA List) has submitted an amicus curiae brief asking the U.S. Supreme Court to uphold an Indiana law protecting unborn children with Down syndrome from eugenic abortion. The case is Commissioner of Indiana Department of Health v. Planned Parenthood of Indiana and Kentucky.

The brief argues that the viability rule established by Roe v. Wade and Planned Parenthood v. Casey is arbitrary and does not preclude a state government’s exercise of its interest in prohibiting discrimination against individuals with Down syndrome, and that the Court can uphold prenatal antidiscrimination laws without violating its precedents.

The brief also notes, “Research has shown that individuals with Down syndrome are among the happiest people in the world and bring tremendous joy to their families. In some Western nations, however, children diagnosed with Down syndrome are on the verge of being eliminated from society through selective abortion.”

SBA List President Marjorie Dannenfelser commented on the legal brief:

“The fate of thousands of children with Down syndrome depends on laws like Indiana’s that protect them from being targeted for destruction in the womb. Our nation has fought a long – but still incomplete – battle to expand legal protections and educational and social opportunities for people with disabilities. Around the world, in countries with advanced economies and otherwise generous social service systems, selective abortion has put these precious children on the path to extinction. There are some signs of hope overseas, but more needs to be done. The cruelty of abortion runs contrary to who we are as Americans. We respectfully request that the Supreme Court review this case and rule in favor of allowing states who choose to protect babies from lethal discrimination at the dawn of life.”

Charlotte Lozier Institute (CLI), SBA List’s research arm, and Americans United for Life (AUL) also submitted an amicus curiae brief in the same case, asking the Court to rule on the constitutionality of a second Indiana law that requires the humane and dignified disposition of human fetal remains. The brief argues that the law “rationally addresses the health, safety, and moral concerns over how to properly dispose of human fetal remains by medical practitioners—regardless of whether the death is a result of a miscarriage or an abortion.”

SBA List is a network of more than 700,000 pro-life Americans nationwide, dedicated to ending abortion by electing national leaders and advocating for laws that save lives, with a special calling to promote pro-life women leaders. 

Charlotte Lozier Institute was launched in 2011 as the education and research arm of Susan B. Anthony List. CLI is a hub for research and public policy analysis on some of the most pressing issues facing the United States and nations around the world. The Institute is named for a feminist physician known for her commitment to the sanctity of human life and equal career and educational opportunities for women.



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