6th Circ. Keeps Block On Ohio Down Syndrome Abortion Ban

Law360 (October 11, 2019, 8:37 PM EDT) -- The Sixth Circuit on Friday blocked an Ohio law that would have criminalized abortion based on a Down syndrome diagnosis, saying U.S. Supreme Court precedent protecting a woman's right to an abortion isn't outweighed by the state's interest in preventing disability discrimination.

A split panel ruled that a district court properly granted a preliminary injunction for Preterm-Cleveland and Planned Parenthood Southwest Ohio Region to block H.B. 124, which would have banned abortions on the basis of test results, prenatal diagnosis or "any other reason to believe" that the unborn child has Down syndrome.

By effectively banning some women from obtaining abortions...

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