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Federal Court Vacates Decision Overturning Ohio Law Banning Abortions on Babies With Down Syndrome
Life News ^ | Dec, 13, 2019, | Steven Ertelt

Posted on 12/13/2019 2:57:28 PM PST by Morgana

A federal appeals court had vacated a decision by a panel of its judges overturning blocking Ohio from protecting unborn babies with Down syndrome from discriminatory abortions. The decision gives new life to the abortion ban and hope to babies with Down syndrome that they will not be victimized in abortions just because they have an extra chromosome.

The 2017 law prohibits abortions that are performed specifically because an unborn baby has been diagnosed with Down syndrome. Planned Parenthood and the ACLU filed a lawsuit against the state, and a judge with close ties to Planned Parenthood blocked it last year.

In October, the Sixth Circuit Court of Appeals panel ruled 2-1 against the pro-life law, arguing that its enforcement would block “access to constitutionally protected health care services.”

But today, the Cincinnati-based 6th U.S. Circuit Court of Appeals granted a request for a full-court rehearing of the case — meaning Ohio has another chance to defend the law in court. Ohio Attorney General Dave Yost had asked the full court to rehear the case after the panel ruling.

Stephanie Ranade Krider, vice president of Ohio Right to Life,says unborn babies with Down syndrome should be protected from abortions.

“Unborn persons with Down Syndrome deserve the same protections afforded to those already born through the Americans with Disabilities Act,” Krider said. “We also pray that the time may come sooner than later that the U.S. Supreme Court will overturn Roe and allow states to settle in law what we already know to be true: An unborn human is as deserving of human rights as any other already born.”

The Sixth Circuit judges who ruled against the law in the panel decision were appointed by pro-abortion Democrat presidents.

“The state’s interest in preventing discrimination does not become compelling until viability,” Judge Bernice Bouie Donald wrote in October. She was appointed by President Barack Obama.

Chief Circuit Judge R. Guy Cole Jr., an appointee of President Bill Clinton, joined her in the ruling.

Judge Alice Moore Batchelder, who dissented then, was appointed by former President George H.W. Bush. She argued that the law should be upheld to prevent the deliberate targeting of children with disabilities.

“Ohio concluded that permitting physicians to become witting accomplices to the deliberate targeting of Down syndrome babies would undermine the principle that the Down syndrome population is equal in value and dignity to the rest of Ohio’s population,” she wrote.

Batchelder also quoted U.S. Supreme Court Justice Clarence Thomas’s opinion in May about a similar Indiana law. Thomas wrote that states have a “compelling interest in preventing abortion from becoming a tool of modern-day eugenics.”

Lately, prominent pro-abortion groups, including NARAL and Planned Parenthood, have been arguing openly that abortions are ok for any reason, including discrimination.

“EVERY reason to have an abortion is a valid reason,” Colleen McNicholas, a Planned Parenthood abortionist, told the AP in reaction to a Missouri law that bans sex-selection and Down syndrome-based abortions.

Unborn babies with Down syndrome are targeted for abortions at astronomical rates.

A recent CBS News report shocked the nation with its exposure of the discriminatory abortion trend. According to the report, nearly 100 percent of unborn babies who test positive for Down syndrome are aborted in Iceland. The rate in France was 77 percent in 2015, 90 percent in the United Kingdom and 67 percent in the United States between 1995 and 2011, according to CBS.

North Dakota, Missouri and Indiana also passed laws to protect unborn babies with Down syndrome from discriminatory abortions. However, in May, the U.S. Supreme Court refused to hear an appeal to lift a block on the Indiana law. A judge also recently blocked the Missouri law.


TOPICS: Culture/Society; Front Page News; Government; US: Ohio
KEYWORDS: 6thcircuit; abortion; alicemoorebatchelder; berniceboiedonald; downsyndrome; infanticide; judiciary; medicareforall; obamacare; ohio; politicaljudiciary; prolife; rguycolejr; sixthcircuit; trisomy21
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If the alphabet kids have rights so should Downs kids!
1 posted on 12/13/2019 2:57:28 PM PST by Morgana
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To: Morgana

Too many double negatives.


2 posted on 12/13/2019 2:59:26 PM PST by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: Morgana

Yeah shouldn’t you be prevented from aborting a gay baby?

Honestly I don’t like this whole thing. The idea that Down’s syndrome babies are protected but other babies are not is wrong also.

In a way it’s the result of all our “equal protection” laws. I guess we shouldn’t be able to abort women or minorities, but white Male babies could be aborted because they don’t have special status.

Whatever is moral or good should apply to all babies.


3 posted on 12/13/2019 3:05:12 PM PST by Williams (Stop Tolerating The Intolerant)
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To: Vaquero

“Too many double negatives.”

Gives me a headache!


4 posted on 12/13/2019 3:06:55 PM PST by Magic Fingers (Political correctness mutates in order to remain virulent.)
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To: Vaquero

I agree. I hate headlines like that. I have to analyze in my mind … was this a good thing or a bad thing? “Court vacates a decision banning a law over abortion”. Huh? I still don’t get it.


5 posted on 12/13/2019 3:07:42 PM PST by JohnEBoy
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To: Morgana

“EVERY reason to have an abortion is a valid reason,” Colleen McNicholas, a Planned Parenthood abortionist, told the AP.

Guess that settles it.

Eugenics uber alles.


6 posted on 12/13/2019 3:08:38 PM PST by kallisti (OLDTHINKERS UNBELLYFEEL INGSOC)
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To: Morgana
WINNING?

I think this is 'WINNING'!

7 posted on 12/13/2019 3:13:18 PM PST by CivilWarBrewing (Get off my back for my usage of CAPS, especially you snowflake males! MAN UP!)
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To: Morgana

Maybe scientists will discover the direct correlation between quantity of melanin pigments, especially eumelanin in the epidermis and intelligence levels, thus justify aborting those high in melanin pigments.

Oh, sorry. They already are the greatest proportion of abortions./s

Life is precious.


8 posted on 12/13/2019 3:14:05 PM PST by tired&retired (Blessings)
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To: kallisti

“EVERY reason to have an abortion is a valid reason,”

Yeah, I took note of this statement too. Depraved.


9 posted on 12/13/2019 3:14:43 PM PST by ifinnegan (Democrats kill babies and harvest their organs to sell)
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To: Williams

This is the reason Planned Parenthood was created, to get rid of babies like this. “get rid of human weeds”. This is a kick in the groin to them.


10 posted on 12/13/2019 3:16:21 PM PST by Morgana ( Always a bit of truth in dark humor.)
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To: Vaquero

I know. It is good news though.

The lower court overturning of the law to ban those abortions, has been vacated. It should not have been overturned to begin with.


11 posted on 12/13/2019 3:17:39 PM PST by DoughtyOne (Pledge: "...and to the Democracy for which it stands..." I give up. Use the democRat meme...)
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To: ifinnegan

“EVERY reason to have an abortion is a valid reason,”

Hitler, Stalin, Mao, and Pol Pot took this to the next level of understanding and justification.


12 posted on 12/13/2019 3:22:45 PM PST by tired&retired (Blessings)
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To: DoughtyOne

Yeah. I knew. It’s just legaleze drives me nuts.


13 posted on 12/13/2019 3:28:11 PM PST by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: Morgana; All

What is the plain spoken, non-lawyer, translation of this ruling.


14 posted on 12/13/2019 3:35:52 PM PST by ptsal ( Media & DNC word game. It wasn't spying, it was just surveillance.)
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To: Vaquero

You need a decoder ring to read some of these titles.


15 posted on 12/13/2019 3:36:45 PM PST by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
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To: kallisti

“EVERY reason to have an abortion is a valid reason,” Colleen McNicholas, a Planned Parenthood abortionist, told the AP.

As opposed to my wife’s (as Confirmation director) first words when meeting with a pregnant teen and her parents: “A baby is always a blessing, sometimes the timing is wrong but still a blessing. Now let’s see what we need to do”.


16 posted on 12/13/2019 3:47:06 PM PST by Shark24
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To: kallisti

The Court did not make the decision, Planned Parenthood did and told the court what to do.


17 posted on 12/13/2019 3:47:19 PM PST by chopperk (ms)
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To: Morgana
In October, the Sixth Circuit Court of Appeals panel ruled 2-1 against the pro-life law, arguing that its enforcement would block “access to constitutionally protected health care services.”

Some interesting takeaways from this statement.

Health care services are not a constitutional right. More imaginary rights created by activist jurists.

How does abortion constitute "health care"? It is an elective operation that is only performed at the request of the woman. It is never (99.99%) medically necessary. Nor it is of any health benefit to the (non)mother. Unless convenience is now considered a "health benefit". On the contrary, there is substantial medical evidence that live birth is safer for the woman.

18 posted on 12/13/2019 3:47:42 PM PST by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: Morgana

America’s robed mullahs UNITE! Standing O from the EUGENICISTS. The ATTACK on civilization continues.


19 posted on 12/13/2019 3:52:23 PM PST by PGalt (Past Peak Civilization? Remember the Alamo! Remember the republic?)
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To: Morgana
As long as abortion is legal for any reason, laws that attempt to save certain babies (even for eugenics reasons) will likely be struck down.

If you can't ban them all, it's going to be a time frame issue until someone finds a number of weeks that, literally, splits the baby.

20 posted on 12/13/2019 3:58:29 PM PST by Tanniker Smith (Rome didn't fall in a day, either.)
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