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 […]
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.”
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, […]
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.”
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 […]
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 […]
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.
Here is link to today’s decision by the Eighth Circuit affirming an injunction prohibiting enforcement of two provisions of Arkansas law restricting abortion. One provision prohibits abortion after 18 weeks and the other provision prohibits abortion after a Down Syndrome diagnosis if the abortion is sought due to that reason. Two judges (Judges Shepherd and […]
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 […]
Here is a link to a press release from the US Department of Justice describing an amicus brief the DOJ filed earlier this week. The brief, filed with he US Court of Appeals for the Sixth Circuit, supports the constitutionality of Ohio’s law banning abortions due to a diagnosis of Down Syndrome.