Brnovich argued that the law was designed to "send an unambiguous message that children with genetic abnormalities, whether born or unborn, are equal in dignity and value to their peers without genetic abnormalities, born or unborn." Brnovich continued, "While the law is enjoined, doctors can continue performing abortions knowing that the abortion is sought solely because of a genetic abnormality. This certainly constitutes irreparable harm."
Rayes, an appointee of Barack Obama, disagreed, saying that the state's “abstract injury is outweighed by the real-world harms a stay would visit upon the provider Plaintiffs and their patients.”
The death toll caused by abortion is not an "abstract injury." This is especially true for babies with genetic abnormalities such as down syndrome. Abortion kills, and these babies are disproportionately at risk of never experiencing life outside of the womb.