TBA Law Blog

TBA Law Blog

Down Syndrome Abortion Ban Again Restored by Federal Appeals Court

Posted by: Kate Prince on Feb 3, 2022
News Type: Legal News

A ban on abortions because of a prenatal diagnosis of Down syndrome or because of race or gender of the fetus has again been reinstated by the 6th U.S. Circuit Court of Appeals, the Associated Press reports. The ban was part of Gov. Bill Lee’s 2020 anti-abortion measure that also banned abortion as early as six weeks. That portion of the bill has remained blocked from going into effect. The appeals court had blocked the so-called reason ban from being enforced in September, but yesterday temporarily allowed it to take effect at the request of the attorney general’s office. In her dissent, Circuit Judge Karen Nelson Moore wrote that the appeals court is waiting to see if the U.S. Supreme Court’s decision in Mississippi’s ban on abortions will affect Tennessee’s case. She wrote that such “stay-and-delay tactics” are “harming both the substance of our ultimate decision and our court’s legitimacy.”

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