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

Indiana law prohibits abortion providers from treating the bodies of aborted children *1783as "infectious waste" and incinerating them alongside used needles, laboratory-animal carcasses, and surgical byproducts. Ind. Code § 16-41-16-4(d) (2019) ; see §§ 16-41-16-2, 16-41-16-4, 16-41-16-5 ; Ind. Admin. Code, tit. 410, §§ 35-1-3, 35-2-1(a)(2) (2019). A panel of the Seventh Circuit held that this fetal-remains law was irrational, and thus unconstitutional, under the doctrine of "substantive due process." That decision was manifestly inconsistent with our precedent, as the Court holds.1 I would have…