Protection on the Legal Horizon

Bradley Mattes   |   April 14, 2021

The pro-life movement experienced a major victory for unborn babies and their mothers.

This week the Sixth Circuit Court of Appeals ruled in favor of Ohio’s legislation that prohibits discriminatory abortions.

It’s a major victory because of the circumstances surrounding the Court’s decision.

The Ohio bill prohibits abortions committed due to a prenatal diagnosis of Down syndrome.  It erects a roadblock to the ugly practice of modern-day eugenics—a search and destroy mission of unborn babies with Down syndrome. Over two-thirds of America’s babies diagnosed with the trait are subjected to prenatal capital punishment because of their condition.

This type of legislation protects individuals with Down syndrome from a stigma associated with Down syndrome elective abortion, which says they are not as valuable as other citizens.

It also protects pregnant women from coercion or pressure by doctors to abort babies with the condition.

Earlier, a three-judge panel on the Sixth Circuit ruled Ohio’s legislation was unconstitutional. Then the not-so-common happened.

The full Court—called “en banc”—reversed the three-judge panel ruling, and upheld the law.

Another circumstance increases the likelihood that the US Supreme Court will address the issue.

In 2018, the Seventh Circuit of Appeals ruled against similar legislation passed in Indiana. This week’s Sixth Circuit ruling created a circuit split which has historically moved the Supreme Court to address the issue.

In addition, sentiment already exists on the nation’s highest court that eugenics abortion needs to be addressed. In May of 2019, the Court ruled that it was constitutional to require that the bodies of aborted babies be dealt with humanely and dignified, but it did not address the issue of discrimination abortion.

Justice Clarence Thomas

Justice Clarence Thomas wrote a concurring opinion that went a step further to say the Supreme Court can’t ignore the issue before them. He stated that discrimination abortion is an “issue of first impression” and “remains an open question.”

He also wrote, “Enshrining a constitutional right to an abortion based solely on the race, sex, or disability of an unborn child, as Planned Parenthood advocates, would constitutionalize the views of the 20th-century eugenics movement.”

Justice Thomas isn’t alone.

While a circuit judge, Justice Amy Coney Barrett shared the opinion of other circuit judges that there have been no abortion precedents that address or settle the question whether or not legislation may protect babies diagnosed with Down syndrome from falling victim to the practice of eugenic abortion.

All things considered, the protection of our brothers and sisters diagnosed with Down syndrome in the womb from eugenic abortion appears to be on the legal horizon.

And that is a victory worth celebrating.

Direct parents who’ve received a diagnosis of Down syndrome to our resources that will provide accurate, up-to-date information, void of eugenic bias. They will equip parents to reject pressure and coercion and enjoy the many blessings of having a child with the condition.

Protecting all babies,

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6 thoughts on “Protection on the Legal Horizon

  1. Thanking you again dear Brad for speaking up for those who have no voice. You are continuing to educate everyone. May our Lord continue to bless you in this work. Ann Tolly

  2. Thank you for your sensitive insightful and Powerful commentary and paper we clearly are making slow but substitute progress to fight for our children our families aren’t your dad Christian values constitutional law logic and reasoning and the right to life for all our citizens from babies in the womb till the elderly and natural gas we have come along way notwithstanding the bias and evil deceptions of the media the democrat party and the socialist left they will always attack we must try to continue with love but assertiveness to foster truth beauty and goodness and protection and love for our country our families are children mothers and dads all of our people with the value to of patriotism thank you for all you are doing we are fighting a major battle against a holocaust that has been unleashed in this country since 1973 shameful hurtful pernicious but we are overcoming it one day at a time thank you so very very much peace and love Martin

  3. Thank you Brad for-your continuing fight for the defenseless. With the help of all pro-llifers, we will overcome the great sin of abortion.

  4. My nephew has Down Syndrome. He is a precious human being. His birth healed many family problems. I am jealous of my sister!

    One of my heroines is Sarah Palin, and the way she cherishes her youngest child is one of the reasons.

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