In the case of Box v. Planned Parenthood of Indiana & Kentucky, 2018, the U.S. Supreme Court was asked to consider an appeal from a lower court ruling that blocked provisions in an Indiana law related to abortion. The first provision required health care facilities to dispose of fetal remains either by burial or cremation rather than treating them as medical waste. The second provision banned abortions performed solely because of the race, sex or disability diagnosis (including Down syndrome) of a fetus. The Supreme Court upheld part and declined part: it allowed Indiana's requirement for fetal remains disposal but refused to reinstate the state's ban on selective abortions based on characteristics like gender or potential disabilities. This decision marked one instance where justices did not take up major questions about constitutional limits on states' ability to restrict access to abortion services; instead they focused narrowly on specific aspects within this particular law.

In the dissenting opinion for Box v. Planned Parenthood of Indiana & Kentucky, Justice Sotomayor argued against the majority's decision to uphold an Indiana law requiring fetal remains from abortions be buried or cremated. She stated that this ruling was a departure from established precedent and could potentially infringe on women's rights as protected by Roe v. Wade. Furthermore, she criticized the court for not taking up another provision of the same law which banned abortions based solely on race, sex or disability diagnosis of a fetus - arguing that it would have been more appropriate to address both provisions together rather than separately. The justice also expressed concern about states passing laws aimed at limiting access to abortion under guise of promoting public health and morality.