SCOTUS May Consider Down Syndrome Abortion Ban in What Would Be a Pivotal Case for Disability Rights

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Franklin Pierce

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Indiana Attorney General Curtis Hill asked the Supreme Court Friday to rule on a 2016 law which bans abortions that are chosen solely due to a prenatal diagnosis of Down syndrome. In his petition, Hill argues that the state’s ban merits consideration in light of eugenics concerns raised due to the high Down syndrome abortion rates following advances in prenatal genetic testing.

Planned Parenthood and the American Civil Liberties Union sued over the law shortly after its passage and succeeded in getting a Seventh Circuit Court of Appeals ruling against the measure, finding it to be “unconstitutional.”

Hill’s petition to the Supreme Court makes the case that Indiana’s provision is a new type of abortion restriction and one that does not unduly burden a woman’s constitutional right to choose abortion.

“The non-discrimination provision is a qualitatively new type of abortion regulation, one that neither implicates the concerns underlying Roe and Casey nor burdens the right those cases ultimately protect,” he writes. “It regulates women who have already made the decision ‘to bear or beget a child,’ but simply do not want to bear a particular child.”

“Only this Court can correct the lower court’s misperception that Roe and Casey bar this law,” he emphasizes. “Accordingly, the Court should grant certiorari and uphold Indiana’s authority to put an end to eugenic abortions.”

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SCOTUS May Consider Down Syndrome Abortion Ban in What Would Be a Pivotal Case for Disability Rights
 
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#2
#2
I remember hearing about a family that was told their unborn child had Down Syndrome and that they should consider having an abortion. They went ahead with the pregnancy and the child turned out to be perfectly healthy with no signs of DS.
 
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#5
#5
How far into pregnancy before they can make the determination of Down's?
According to the Mayo Health Clinic:

Diagnostic tests that can identify Down syndrome include: Chorionic villus sampling (CVS). In CVS, cells are taken from the placenta and used to analyze the fetal chromosomes. This test is typically performed in the first trimester, between 10 and 13 weeks of pregnancy.
 
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#6
#6
I'm both pro-choice and pro-life. I believe the distinction between human being and fertilized egg happens prior to birth and that becomes the dividing line for me. At some point it becomes a balancing of rights between two human beings (mother and unborn child). So, provided determination of Down's occurs prior to the transition to human being I would not support a ban on abortion.
 
#8
#8
This kind of hits home with me.


When my wife (ex now) became pregnant we did all the dr visits.
After her 3 month visit (I think) the dr called us up and asked us to come in. He told us that our son wasnt developing normally and he suspected he would have DS. He suggested we go home and talk about what we wanted to do. (Abortion or carry to term)

We both went home and talked and cried about it but decided we would carry him to term.

2 days later the dr called us and apologized for the screw up. The nurse made a mistake when writing down the date on the original ultra sound confirming her preganancy at 6 weeks.

He is now a 16 year old young man pulling straight A’s, working a part time job, and rodeoing for fun.
 
#9
#9
This kind of hits home with me.


When my wife (ex now) became pregnant we did all the dr visits.
After her 3 month visit (I think) the dr called us up and asked us to come in. He told us that our son wasnt developing normally and he suspected he would have DS. He suggested we go home and talk about what we wanted to do. (Abortion or carry to term)

We both went home and talked and cried about it but decided we would carry him to term.

2 days later the dr called us and apologized for the screw up. The nurse made a mistake when writing down the date on the original ultra sound confirming her preganancy at 6 weeks.

He is now a 16 year old young man pulling straight A’s, working a part time job, and rodeoing for fun.

dang
 
#10
#10
I remember hearing about a family that was told their unborn child had Down Syndrome and that they should consider having an abortion. They went ahead with the pregnancy and the child turned out to be perfectly healthy with no signs of DS.
My aunt in Augusta was told the same thing 25 years ago, I remember her sobbing for days not knowing what to do because they told her that he'd be so bad he wouldn't live a couple of years. She went ahead and had him, he's never had a health problem, much less DS. You just never know.
 
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#12
Tim Tebow’s Mom at March For Life: I was told to abort, but we ‘chose to trust God’

WASHINGTON, D.C., January 22, 2018 (LifeSiteNews) – Former NFL star quarterback Tim Tebow was almost aborted, and would have been had his mom followed the doctor’s advice.

Tim’s mom Pam Tebow related during a speech at the March for Life in Washington, D.C. on Friday how 31 years ago her doctor told her that if she did not abort her baby, she would likely die.

“The best doctor in town did some tests. She determined that Timmy was a ‘mass of fetal tissue – a tumor,’ and I needed to abort immediately or I would die,” she related.

Tim Tebow’s mom at March for Life: I was told to abort, but we ‘chose to trust God’
 
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#13
#13
Tim Tebow’s Mom at March for Life: I was told to abort, but we ‘chose to trust God’

WASHINGTON, D.C., January 22, 2018 (LifeSiteNews) – Former NFL star quarterback Tim Tebow was almost aborted, and would have been had his mom followed the doctor’s advice.

Tim’s mom Pam Tebow related during a speech at the March for Life in Washington, D.C. on Friday how 31 years ago her doctor told her that if she did not abort her baby, she would likely die.

“The best doctor in town did some tests. She determined that Timmy was a ‘mass of fetal tissue – a tumor,’ and I needed to abort immediately or I would die,” she related.

Tim Tebow’s mom at March for Life: I was told to abort, but we ‘chose to trust God’

Wow. Thats an interesting story. Thanks for posting.
 
#14
#14
This kind of hits home with me.


When my wife (ex now) became pregnant we did all the dr visits.
After her 3 month visit (I think) the dr called us up and asked us to come in. He told us that our son wasnt developing normally and he suspected he would have DS. He suggested we go home and talk about what we wanted to do. (Abortion or carry to term)

We both went home and talked and cried about it but decided we would carry him to term.

2 days later the dr called us and apologized for the screw up. The nurse made a mistake when writing down the date on the original ultra sound confirming her preganancy at 6 weeks.

He is now a 16 year old young man pulling straight A’s, working a part time job, and rodeoing for fun.
Stories like yours send chills up my spine. Yall could have terminated a perfectly healthy baby.
 
#15
#15
A very dear friend has an adult child with DS. Sweetest "kid" (20+ years old) ive ever met.
It is becoming more rare to see DS kids because many choose abortion. Im not making a case for or against in cases of genetic anomalies. Just sharing info.
 
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#16
#16
This kind of hits home with me.


When my wife (ex now) became pregnant we did all the dr visits.
After her 3 month visit (I think) the dr called us up and asked us to come in. He told us that our son wasnt developing normally and he suspected he would have DS. He suggested we go home and talk about what we wanted to do. (Abortion or carry to term)

We both went home and talked and cried about it but decided we would carry him to term.

2 days later the dr called us and apologized for the screw up. The nurse made a mistake when writing down the date on the original ultra sound confirming her preganancy at 6 weeks.

He is now a 16 year old young man pulling straight A’s, working a part time job, and rodeoing for fun.
What rodeo event. My girls were both accomplished barrel racers. I team roped.
 
#17
#17
I'm both pro-choice and pro-life. I believe the distinction between human being and fertilized egg happens prior to birth and that becomes the dividing line for me. At some point it becomes a balancing of rights between two human beings (mother and unborn child). So, provided determination of Down's occurs prior to the transition to human being I would not support a ban on abortion.

That’s a reasonable approach. Would 2 Arms, two legs, a spine and a head suggest human being has formed?

That’s what has to be identified in order for the most common form of abortion to be considered complete.
 
#20
#20
I'm both pro-choice and pro-life. I believe the distinction between human being and fertilized egg happens prior to birth and that becomes the dividing line for me. At some point it becomes a balancing of rights between two human beings (mother and unborn child). So, provided determination of Down's occurs prior to the transition to human being I would not support a ban on abortion.

If it has a heartbeat and you stop that heartbeat permeantly , you’ve killed it . Isn’t that a defining line we all use in the world ? Here’s an example .. you live in California and you take let’s say a female dog that somebody abandoned on the street that’s pregnant , cut her open , pull out the three puppies that have heartbeats one at a time , sew her back up so she’s ok and throw away the puppies in the trash ... how many days will your name be in the National news and how many years in jail will you get ? Oh and do you get one psych evaluation or two ?
 
#21
#21
What rodeo event. My girls were both accomplished barrel racers. I team roped.

He ropes, team ropes, chute dogging, and flags.
He just finished his season as 2nd place all around in his division.
But did finish first in roping (both single and team)
Won 3 new belt buckles, two hand made lead ropes and a breast collar.
 
#22
#22
A very dear friend has an adult child with DS. Sweetest "kid" (20+ years old) ive ever met.
It is becoming more rare to see DS kids because many choose abortion. Im not making a case for or against in cases of genetic anomalies. Just sharing info.

They truly are God's children, they are the most amazing and true beings that exist on Earth. Growing up I had 2 friends who had brothers with DS, as a child growing up, there might not be a better thing for kids to be exposed to. Next to volunteering at diabetic camps for kids and Children's Hospital in Cincinnati, those experiences have stuck with me.
 
#23
#23
He ropes, team ropes, chute dogging, and flags.
He just finished his season as 2nd place all around in his division.
But did finish first in roping (both single and team)
Won 3 new belt buckles, two hand made lead ropes and a breast collar.
That’s awesome! I know where all your spare time and money goes. Lol
 
#24
#24
According to the Mayo Health Clinic:

Diagnostic tests that can identify Down syndrome include: Chorionic villus sampling (CVS). In CVS, cells are taken from the placenta and used to analyze the fetal chromosomes. This test is typically performed in the first trimester, between 10 and 13 weeks of pregnancy.
A CVS test is not a standard test and is usually done when there is already evidence of a potential genetic issue. It can be dangerous to the fetus and is not something I'd recommend someone do just because (I watched my wife have 2 and it's not enjoyable). They take a lot of measurements of the fetus via ultrasound to determine if there are abnormalities that should be pursued.
 
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#25
#25
It was a very emotional roller coaster for a couple days.

But neither of us cared if he was DS or not. He was our son and we accepted the responsibility of raising him.

Sorry. I guess I just needed to say (type) this.


Too often the participants in the PF are simply labeled by political beliefs and stay divided. I really enjoy learning personal things about the posters here and separate them from their online personas. Thank you for sharing. Mad respect for you, my man.
 
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