Judge Hale ties fate of Heartbeat and Anti-eugenics Laws to Ohio Down Syndrome Ruling

Ninth in a Series: Pro-life Laws Under Attack

Don’t ever think that AG Daniel Cameron is not bearing down on current pro-life litigation.

Behind the scenes, the Office of the Attorney General with its cadre of crack attorneys is working HARD to seize the day for Kentucky’s laws that are held up in the court system because of ACLU-led challenges.

The Heartbeat and Anti-eugenics Laws that passed in 2019 have been expertly defended. As predicted in the eighth post of this blog series, Judge Hale remanded (put off) the EMW/ACLU’s motion for summary judgment on March 9, 2020, pending the Sixth Circuit Appeals Court resolution of Ohio’s “Preterm-Cleveland v. Himes” lawsuit that litigates a right to abortion if based on a fetal diagnosis of Down syndrome.

Hale did so following a concerted effort by five law firms (including the ACLU Foundation-NY, NY) to prevent AG Cameron from continuing the defense of this suit, which was forcefully countered by our AG and three of his attorneys, pictured. Their 12-page brief was masterful! Anyone can read it on the PACER (public access to court electronic records) website.

Their arguments against the EMW/ACLU’s claims that the AG is not entitled to pursue the case are clearly superior and underscore his duty to defend Kentucky Law. It is hard to understand how the case could be decided based solely on how the Sixth Circuit rules on the Ohio Down Syndrome Law.

The Sixth Circuit heard oral arguments on March 11, 2020. We will find out in the not distant future if a pre-born baby who tests positive for Down syndrome is fair game for abortionists in Ohio and Kentucky. This ruling could also determine the fate of Kentucky’s Heartbeat and Anti-eugenics Laws.