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, test, or screening indicating Down [s]yndrome or the potential of Down [s]yndrome in an unborn child.”
The Eighth Circuit had previously upheld constitutional challenges to a similar Arkansas law. The state of Arkansas has asked the US Supreme Court to review that earlier decision.
These Eighth Circuit decisions are inconsistent with the Sixth Circuit’s decision upholding the constitutionality of Ohio’s Down Syndrome abortion.