In his brief to the Supreme Court, Brnovich wrote, “This court has never otherwise recognized the purported right at issue — a right to race-, sex-, or genetic-selective abortions. The right to perform an abortion based solely on the results of genetic testing is novel, with no basis in the Constitution’s text or the nation’s history and traditions.”
The Arizona law was blocked by Federal Judge Douglas Rayes, an Obama appointee, just eight hours before it would have gone into effect. Rayes denied Arizona's request in September to stay the injunction, and the 9th Circuit Court of Appeals did the same last month.
Supreme Court Justice Elena Kagan will decide whether the Court accept the emergency request.
