Could State Laws Banning Trait Abortions Overturn Roe V. Wade?

Jessica Kramer | April 23, 2021
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Could state laws banning trait abortions be what overturns Roe v. Wade? Heritage Legal Fellow Sarah Parshall Perry speculates that they could. 

Perry claims that state laws limiting abortion going through the courts are challenging Roe. The Sixth Circuit Court of Appeals recently upheld an Ohio law (HB 213) that bans abortions from being performed on down syndrome babies, if the reason for the abortion is specifically because they have down syndrome. 

Perry explained, “The Supreme Court is generating a patchwork of cases like this from the federal circuits, all of whom have come out with different rationales and different laws.”

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Perry believes this law will force the Supreme Court to eventually be forced to rule on trait selection abortion laws and that cases like the one in Ohio could eventually limit  - or even overturn Roe V Wade. 

“A case currently before the Supreme Court on a determination of cert could be the precise vehicle for which we overturn Roe V. Wade. There’s a case out of Mississippi that is a regulation, outlining determinations on abortion and terminations of abortion after 15 weeks. That, if granted, could provide the optimum vehicle for overturning Roe V Wade.”