The Supreme Court on Thursday refused to take up a petition challenging the constitutionality of a law allowing a woman to terminate her pregnancy in the event of foetal abnormality, and instead ruled in favour of the state.
Justice Anthony Kennedy said the law was constitutional and was in keeping with the “highest principles of law” and the right of women to have abortions.
“I respectfully dissent from the judgment of the Court of Appeals,” he wrote.
The court ruled that the law is unconstitutional because it was not “necessary and proportionate” to the state’s interest in preventing abortion, and because it violated women’s fundamental right to make their own decisions about their bodies.
The Supreme Court ruled against the law on June 1, 2015, on the grounds that it did not go far enough to protect the fetus.
The state had argued that it was necessary to protect women’s health, safety and security.
The Court said the abortion law is not necessary because it is already allowed in other countries.
The case is expected to go to the Supreme Court of Canada in the fall.