Banning Abortions Based on a Prenatal Diagnosis of Down Syndrome: The Future of Abortion Regulation

Since the infamous Supreme Court decision, Roe v. Wade, the United States has remained divided, each side unyielding to the other regarding the legal and moral issues surrounding abortion. The issues surrounding abortion have become progressively more politicized, thus threatening a woman’s right to a safe and healthy termination of her pregnancy. Restrictions on a woman’s ability to terminate a child with a genetic disorder, such as Down syndrome, highlight this concern. State restrictions on abortion that prohibit abortions based on a diagnosis of Down syndrome seek to prevent the stigmatization of the Down syndrome community. Regulations, such as these, that prevent a woman from electing a medically sound procedure based solely on her reason for doing so are unconstitutional. This Note explains the history of abortion jurisprudence and genetic abnormalities generally. Further, it discusses abortion law as it pertains to the exceedingly political regulation of abortions that follow a Down Syndrome diagnosis. Lastly, this Note addresses the released early draft opinion, written by Justice Samuel Alito that expressed the Court’s intention to overturn Roe v. Wade