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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Wednesday, April 14, 2021

6th Circuit En Banc Upholds Ohio's Ban On Doctors Knowingly Performing Abortions Because of Down Syndrome

TRAP laws are laws that target abortion providers particularly, and from the mid-1970s, that was a basic problem. The result included the courts deep diving among medical regulations and some finding that bad. Evenhanded medical regulations would avoid that problem.

This law has shades of that, but also is a general anti-abortion message regulation that as noted by the main dissent (last one) is offensive even to the degree you focus on the assumed group being aided. Perhaps, choice and more assistance to all with disabilities would be a better option? It also is an overall part of a wider battle to find a way to attack Roe/Casey, which the dissents also address (see Leah Litman tweets cited).

The majority needs to interpret that law strictly and still it burdens abortion choice, which includes being able openly to discuss your choice with your doctor. The right to choose includes making a range of hard choices, choices some will deem very wrong. As one dissent notes, the majority in the process of unduly burdening abortion rights infringes free speech too. And, making choices here is not "eugenics" except to the usage there to private choices that would include avoiding conception at all. Would birth control decisions in that respect be banned too? At least, for the one condition singled out here?


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