COLUMBUS, Ohio (AP) – A federal appeals court has upheld a judge’s decision to put on hold an Ohio law prohibiting doctors from performing abortions based on a fetal diagnosis of Down syndrome.
The 2-1 ruling Friday from the 6th U.S. Circuit Court of Appeals in Cincinnati says the law passed in 2017 is likely unconstitutional.
The Ohio Attorney General’s Office says it will seek reconsideration by the full 6th Circuit.
Supporters have promoted the law as an anti-discrimination measure.
The American Civil Liberties Union sued the Ohio Department of Health, the state medical board and county prosecutors over the law on behalf of Planned Parenthood and several abortion providers.
A judge placed the law on temporary hold last year, saying states can’t limit a woman’s right to terminate a pregnancy before viability.