On Monday, the U.S. Supreme Court took no action on appeals that seek to renew two restrictive Republican-backed abortion laws from Indiana, even as debate covers a new measure in Alabama that would nearly prohibit the procedure entirely.
Neither of the Indiana cases was on the list of appeals in which the court acted on Monday morning. The court has not announced whether or not it will hear each of the cases on May 28.
If the nine-justice courts decide to take on either case, it will grant the conservative majority an opportunity to “chip away” at the landmark 1973 Roe v. Wade ruling that allowed the legalization of abortion nationwide and also recognized a right under the U.S. Constitution for women to terminate their pregnancies.
One of the Indiana laws requires any fetal remains to either be buried or cremated while banning abortions performed due to a fetal disability or the sex or race of the fetus. The other law requires women to undergo an ultrasound examination at least 18 hours before undergoing an abortion.
Legislation to restrict the right to have an abortion has been introduced this year in 16 states.
As of now, four governors have signed bills that ban abortion if an embryonic heartbeat can be detected.
Both Kavanaugh and Chief Justice John Roberts, who voted against abortion rights in previous cases, are seen by legal experts as the critical votes to watch.