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Sixth Circuit Hears Arguments in Down Syndrome Abortion Case

On March 11, 2020, the full Sixth Circuit heard oral arguments in a case challenging the constitutionality of Ohio’s Down Syndrome Non-Discrimination Act. That law prohibits abortions when the women is seeking abortion due to a diagnosis of Down syndrome. By a 2-1 vote, a 3-judge panel of the Sixth Circuit held the law unconstitutional but the full Sixth Circuit agreed to re-hear the case. For stories about the case, see here and here.

The Seventh Circuit struck down a similar law from Indiana and the US Supreme Court refused to hear the case. Justice Thomas wrote a separate opinion in which he argued that states have “a compelling interest in preventing abortion from becoming a tool of modern-day eugenics.”

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