The district court enjoined Texas laws regulating the disposal of embryonic and fetal tissue remains. The state requires facilities performing abortions to dispose of these remains in one of four ways: “(1) interment”; (2) cremation; (3) incineration followed by interment; or (4) steam disinfection followed by interment. Tex. Health & Safety Code § 697.004(a). Ashes resulting from cremation or incineration “may be interred or scattered in any manner as authorized by law for human remains,” but “may not be placed in a landfill.” Id. § 697.004(b).
The district court assumed that the Texas laws further a legitimate state interest. See Box v. Planned Parenthood of Ind. & Ky., Inc., ––– U.S. ––––, 139 S. Ct. 1780, 1782, 204 L.Ed.2d 78 (2019) (holding that similar Indiana law was rationally related to a “legitimate interest in proper disposal of fetal remains” (quoting Akron v. Akron Ctr. for Reprod. Health, Inc., 462 U.S. 416, 452 n.45, 103 S.Ct. 2481, 76 L.Ed.2d 687 (1983))). The court then applied the “undue burden” standard of Planned Parenthood of Se. Pa. v. Casey, 505 U.S. 833, 843, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992) (plurality opinion), overruled by Dobbs v. Jackson Womens Health Org., ––– U.S. ––––, 142 S.Ct. 2228, ––– L.Ed.2d –––– (June 24, 2022). Under the Casey balancing approach, the district court concluded that “the challenged laws impose significant burdens on abortion access that far outweigh the benefits the challenged laws confer.” It thus held that the laws restricting the methods for disposal of fetal remains violate the Due Process Clause of the Fourteenth Amendment. It went on to hold that the laws also violate the Equal Protection Clause.
Last week, the Supreme Court overruled Casey and Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973). See Dobbs, 142 S.Ct. at 2284. Dobbs holds that “[t]he Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion.” Id. Accordingly, we VACATE the injunction issued in this case and REMAND for further proceedings consistent with Dobbs.
Per Curiam: