July 28, 2021

Arkansas AG Files Supreme Court Brief Defending Ban on Down Syndrome Discriminatory Abortions

Arkansas Attorney General Leslie Rutledge
Arkansas Attorney General Leslie Rutledge filed a brief to the Supreme Court earlier this month in defense of Arkansas Act 619, the Down Syndrome Discrimination by Abortion Prohibition Act.

Arkansas legislators passed Act 619 into law in 2019. Since then, the law was challenged by pro-abortion activists. The law was overturned by a district court, and that court's decision was affirmed by the 8th Circuit Court of Appeals in January of 2021.

That decision came not long after the 6th U.S. Circuit Court of Appeals ruled that Tennessee could enforce its ban on discriminatory abortions. The Tennessee law bans abortions when the abortionist knows that the mother is seeking the abortion purely because of the child's sex, race, or diagnosis of Down syndrome. The 8th Circuit acknowledged that this created a circuit split, which opens the way for the Supreme Court to step in.

In her brief, Rutledge asked the U.S. Supreme Court to review the 8th Circuit's decision.

“In my personal experiences, I know individuals with Down syndrome have an extra chromosome, but they also have extra love to give and I will fight for these innocent individuals who are a gift from God,” said Attorney General Rutledge. “The Constitution does not sanction killing an unborn child just because that child may have Down syndrome and I will not stand by and allow this practice to happen.”