Box v. Planned Parenthood of Indiana and Kentucky, Inc.

In 2016, Indiana enacted House Enrolled Act 1337, requiring abortion providers to bury or cremate fetal remains and prohibiting abortions sought because of the fetus's race, sex, or disability. Planned Parenthood challenged both provisions, and the Seventh Circuit upheld a preliminary injunction blocking the law. Indiana petitioned the U.S. Supreme Court. On May 28, 2019, the Court issued a mixed ruling: it vacated the injunction against the fetal remains requirement, allowing that part to take effect, but declined to review the ban on selective abortions, leaving that provision blocked. The decision marked the first time the Court upheld a law regulating the disposition of aborted fetal tissue, recognizing the state's legitimate interest in fetal dignity.

The U.S. Supreme Court reversed the Seventh Circuit's injunction against Indiana's fetal remains disposal law, allowing it to take effect. The Court denied certiorari on the provision banning abortions based on sex, race, or disability, keeping that injunction in place pending further litigation.

Whether Indiana's mandate on the disposal of fetal remains violates the Due Process Clause and Equal Protection Clause; whether the state's ban on abortions motivated by race, sex, or disability unduly burdens the right to abortion recognized in Roe v. Wade and Planned Parenthood v. Casey.

The ruling was seen as a partial victory for anti-abortion advocates, signaling that the Court might allow more state regulations recognizing fetal personhood. It fueled state-level efforts to pass similar fetal disposition laws and reason-based abortion bans, intensifying the national debate on eugenics-based restrictions. The decision was viewed as a strategic step in chipping away at abortion rights without directly overturning precedent, while affirming the state's interest in regulating abortion to promote respect for life.