The Indiana law said that "Indiana does not allow a fetus to be aborted exclusively because of the fetus's race, color, national origin, ancestry, sex, or diagnosis or potential diagnosis of the fetus having Down syndrome or any other disability".
The Supreme Court case of Planned Parenthood v. Casey "treats abortion as a super-right, more sacrosanct even than the enumerated rights in the Bill of Rights", Manion wrote.
"Americans United for Life is disappointed by Seventh Circuit Court of Appeals Judge William J. Bauer's ruling that unborn children diagnosed with disabilities in the womb can not be protected from fatal discrimination", said Catherine Glenn Foster, president and CEO of Americans United for Life, an anti-abortion litigation group. In it, he "regretfully" agrees with invalidating the ban on abortion because of a fetus's characteristics - though he argues the Supreme Court should revisit its earlier rulings on the issue.
This is one of six lawsuits challenging IN anti-abortion statutes since 2011.
The law also required abortion providers to inform pregnant women seeking abortions of the law's provisions barring such selective abortions performed with such potentially discriminatory intent.
The case was brought by Planned Parenthood of Indiana and Kentucky against the commissioner of the Indiana State Department of Health.
Governor Greitens indicted again
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Federal Judge Daniel Manion, one of the three judges who ruled on the case, wrote a separate opinion. Because the restriction was ruled to be unconstitutional, the requirement to notify the woman of the restriction was also ruled to be unconstitutional.
"This ruling is a victory for women and another repudiation of attempts by IN politicians to restrict - and even ban - access to abortion care", she wrote.
7th Circuit blocks disability abortion ban;... The state argued it has a right to ensure the dignified and humane disposal of human remains.
"The Supreme Court has been clear: the State may inform a woman's decision before viability, but it can not prohibit it", he added.
"Nothing in the Fourteenth Amendment or Supreme Court precedent allows the State to invade this privacy realm to examine the underlying basis for a woman's decision to terminate her pregnancy prior to viability", he continued. "The purported right to an abortion before viability is the only one that may not be infringed even for the very best reason".
"The provisions prohibit abortions prior to viability if the abortion is sought for a particular objective", Judge William Bauer wrote in the majority decision.
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