Category: Down Syndrome abortions

6th Circuit Allows Tennessee’s Ban on Down Syndrome Abortions to go into Effect

Here is an AP story on the Sixth Circuit’s oder allowing Tennessee’s ban on Down syndrome abortions to go into effect. The court is apparently allowing the statute to go into effect pending the Supreme Court’s decision in the Dobbs case.

Arizona Asks Supreme Court to Allow Down Syndrome Ban to go into Effect

Here is link to a report on Scotusblog discussing the State of Arizona’s effort to enforce its law prohibiting abortions when the sole reason for the abortion is the genetic abnormality of the unborn child. The law was enjoined by a lower court. Arizona filed a emergency motion with the United States Supreme Court asking […]

Judge Thapar on Roe and Casey

Here  is a link to recent (September 10, 2021) opinion of the Sixth Circuit enjoining two provisions of Tennessee law. One provision banned abortions after a fetal heartbeat is detected and the other banned abortions when the doctor performing the abortion knows that the pregnant woman is seeking the abortion because of the race or […]

Eighth Circuit Grants Rehearing En banc in Missouri Down Syndrome case

Here is a link to an order granting rehearing en banc in Reproductive Health Services v. Parson, which involves the constitutionality of Missouri’s ban on Down syndrome abortions. The ban was struck down last month but the full Eighth Circuit, in a sua sponte order, has now granted rehearing en banc. The federal courts are […]

“Abortion as an Instrument of Eugenics”

Here is a link to an excellent piece by Michael Paulsen. The article was just published in the Harvard Law Review Forum. Paulsen discusses trait selection abortion bans, which are increasingly common. He notes that these bans “pose hugely important, stark, and seemingly unavoidable legal and moral challenges to the constitutional regime of Roe.”

Eighth Circuit Enjoins Missouri Down Syndrome Abortion Law

Here is a link to today’s decision by the Eighth Circuit affirming a district court decision enjoining Missouri’s Down Syndrome abortion law. The appellate court’s decision was 2-1 with Judge Stras in dissent. The Missouri law prohibits abortions if the provider “knows that the woman is seeking the abortion solely because of a prenatal diagnosis, […]

Dave Andrusko on Down syndrome abortion bans

Here is a good story by Dave Andrusko on laws banning Down syndrome abortions. Andrusko highlights the changing legal landscape and also mentions the importance of Justice Thomas’s opinion in the Box case in which Thomas empathized that such bans “promote a State’s compelling interest in preventing abortion from becoming a tool of modern-day eugenics.”

En Banc Sixth Circuit Upholds Ohio’s Down Syndrome Abortion Law

Here is a link to the Sixth Circuit’s decision upholding Ohio’s law  that “prohibits a doctor from performing an abortion if that doctor knows that the woman’s reason for having the abortion is that she does not want a child with Down syndrome.” The court explained that the law does not prohibit a woman from […]

“Pro-Life Campaign to Curb Down-Syndrome Abortions Gains Steam”

Here is a link to a good article by Alexandra DeSanctis on the effort to ban Down-Syndrome abortions. The article describes Governor Kristi Noem’s efforts to promote protective legislation in South Dakota. “God created each of us and endowed all of us with the right to life. This is true for everyone, including those with […]

“Arkansas Case Shows Path Forward for Banning Down Syndrome Abortions”

Here is link to a good article by Michael Cook discussing a recent Eighth Circuit case, which I noted a few days ago. Cook highlights the concurring opinion by Judge Erickson who highlighted the link between abortion and modern-day eugenics. That link has been made forcefully by Justice Clarence Thomas.