Arkansas Attorney General Leslie Rutledge asked the Supreme Court on Tuesday to review a decision by the Eighth Circuit Court of Appeals. The decision held that the U.S. Constitution guarantees the right to abort unborn children with Down syndrome selectively, striking down an Arkansas law that prohibits this ground for abortion.
Rutledge, a conservative Republican, issued a statement on the Arkansas case reporting: “The Constitution does not require Arkansas to permit abortion discrimination against Americans with Down syndrome.”
She went on to say, “Through my personal friendships, I know that while individuals with Down syndrome may have an extra chromosome, they also have extra love and joy they share unconditionally, and I will not stand by while God’s gifts are exterminated as has been done in other countries.”
Under court docket number 20-1434, Rutledge’s appeal is a 292-page petition for certiorari or review filed with the Supreme Court on April 13.
Those involved in the particular case are an abortion clinic, a Planned Parenthood affiliate, and physicians Stephanie Ho and Thomas Tvedten, who must testify by May 13.
In 2019, Arkansas lawmakers passed Act 619, the Down Syndrome Abortion Discrimination Prohibition Act. The Act prohibits a physician from performing an abortion in the event the woman sought to terminate the pregnancy “solely on the basis of” a diagnosis of Down syndrome or any other reason to believe the child has Down syndrome.
Shortly before the law went into effect, Planned Parenthood, the world’s largest abortion clinic, aided by the powerful law firm of O’Melveny & Myers, filed suit to block it.
And earlier this year, the federal district court in Little Rock sided with them and ruled that the Constitution guarantees the right to abort children with Down syndrome selectively.
But it’s not all bad news. On Tuesday, April 13, by a 9-7 vote, the Sixth Circuit Court of Appeals ruled that Ohio’s state can enforce its ban on abortions based on a Down syndrome diagnosis. Quite the opposite of what happened in Arkansas.
As reported by The Federalist, eight states have already enacted such legislation to ban discriminatory abortion based on Down syndrome.
There is currently a battle between pro-life and pro-abortion advocates, with the latter pushing for legislation to authorize and encourage abortions of children with Down syndrome.
Sadly, children with Down syndrome are being targeted and exterminated at an alarming rate around the world. In the United States, 67 percent of babies diagnosed with Down syndrome are aborted. In European countries, it is worse.
A disturbing 98 percent of babies with this diagnosis are aborted in Denmark and almost all in Iceland, where it has virtually disappeared.
Eight states have enacted legislation to prohibit discriminatory abortion based on Down syndrome. Most recently, Gov. Kristi Noem introduced a bill in South Dakota.
Abortion takes the lives of 600,000 unborn babies every year in the United States. Of those 600,000 children, poor people, racial minorities, and those with special needs, including Down syndrome, represent a disproportionate number of the victims.