S.2172 - Respectful Treatment of Unborn Remains Act of 2025 (119th Congress)
Summary
S.2172, the "Respectful Treatment of Unborn Remains Act of 2025," aims to prohibit the disposal of fetal remains in publicly owned water systems. The bill introduces penalties for abortion providers who violate this prohibition, including fines and imprisonment. It clarifies that individuals undergoing abortions will not be held liable and specifies that the act does not preempt stricter state or local laws.
Expected Effects
The primary effect of this bill would be to change the waste disposal practices of abortion providers. It would also establish federal penalties for specific disposal methods. The bill could also lead to increased scrutiny of abortion providers' practices.
Potential Benefits
- Could provide reassurance to individuals concerned about the ethical treatment of fetal remains.
- May align federal law with existing state and local regulations on medical waste disposal.
- Could reduce potential environmental contamination from improper disposal of fetal remains.
- Potentially reduces the risk of water contamination.
- May increase public trust in the handling of medical waste.
Most Benefited Areas:
Potential Disadvantages
- Could increase the operational costs for abortion providers due to the need for alternative disposal methods.
- May face legal challenges based on potential conflicts with existing healthcare regulations or constitutional rights.
- Could be perceived as an attempt to stigmatize abortion procedures.
- May lead to increased administrative burden for healthcare facilities.
- Could create unnecessary barriers to healthcare access, particularly in areas with limited resources.
Constitutional Alignment
The bill's constitutional alignment is complex. Congress has the power to regulate interstate commerce, which could be used to justify regulating the disposal of medical waste. However, the bill could face challenges under the Due Process Clause and the right to privacy, as interpreted in Roe v. Wade and subsequent cases, if it is seen as unduly burdening access to abortion. The Tenth Amendment could also be invoked, arguing that waste management is traditionally a state responsibility.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).