Federal judge blocks Ohio Down syndrome abortion ban
Source: Cleveland.com
Federal judge blocks Ohio Down syndrome abortion ban
Updated Mar 14, 5:31 PM; Posted Mar 14, 4:48 PM
By Jackie Borchardt, cleveland.com
COLUMBUS, Ohio -- Ohio's new Down syndrome abortion ban is on hold after a federal judge in Cincinnati sided with abortion providers who claimed the ban was unconstitutional.
U.S. District Court Judge Timothy Black issued a preliminary injunction Wednesday blocking the new law from going into effect next week while the case continues. Black wrote in a 22-page order that House Bill 214, which was signed by Gov. John Kasich in December, violates Supreme Court opinions that say a state can't prohibit a woman from making the decision to end a pregnancy before the fetus is viable.
"Here, Ohio's new law wrongfully does just that: it violates the right to privacy of every woman in Ohio and is unconstitutional on its face," Black wrote.
The Ohio law bans abortions after a prenatal screening or test shows the fetus likely has Down syndrome. Doctors who perform an abortion, with knowledge of a possible Down syndrome diagnosis, could be convicted of a fourth-degree felony, punishable by up to 18 months in prison and a $5,000 fine.
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