Attorney General Morrisey, 16-State Coalition Defend the Unborn from Disability Discrimination

Updated 1 year ago by WV Attorney General Patrick Morrisey
CHARLESTON — West Virginia Attorney General Patrick Morrisey and a coalition of 16 states are urging a federal appeals court to support state laws that prohibit discriminatory abortions based upon the potential disability of the unborn child.

The coalition’s friend-of-the-court brief argues that states have a right to prohibit the discriminatory elimination of unborn persons diagnosed with Down syndrome.
“Abortion cannot be used to eradicate any particular sector of the population,” Attorney General Morrisey said. “Discrimination against the unborn due to a disability shows disregard for the sanctity of all life and the basic rights given to all human beings by our Constitution.”
The coalition’s brief supports the right of states to adopt and enforce such laws. It specifically asks the 6th U.S. Circuit Court of Appeals to overturn a lower court ruling that permanently blocks enforcement of such a law in Ohio.
The lower court ruling, if left intact, could threaten the ability of West Virginia and other states to pass and/or enforce similar legislation.
West Virginia joined the Wisconsin-led brief with Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Michigan, Nebraska, Oklahoma, South Carolina, South Dakota, Texas and Utah.
Read a copy of the brief at
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