H.R.2251 - Protecting Individuals with Down Syndrome Act (119th Congress)
Summary
H.R.2251, the "Protecting Individuals with Down Syndrome Act," aims to amend Title 18 of the United States Code to prohibit discrimination via abortion against an unborn child based on a diagnosis of Down syndrome. The bill establishes findings related to the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, asserting that there is no constitutional right to abortion. It also emphasizes the importance of protecting individuals with disabilities from discrimination.
The bill defines key terms such as "abortion," "Down syndrome," "qualified plaintiff," and "unborn child." It outlines specific offenses related to performing abortions with the knowledge or suspicion that the unborn child has Down syndrome, and it establishes criminal penalties and civil remedies for violations. The bill also includes provisions for reporting requirements, expedited consideration in courts, and protection of privacy in court proceedings.
Finally, the bill includes a severability clause, ensuring that if any part of the Act is deemed invalid, the remaining portions will still be enforced. It also clarifies that the Act does not create a right to abortion or make lawful any abortion that is otherwise unlawful.
Expected Effects
If enacted, H.R.2251 would make it a federal crime to perform an abortion based on the knowledge or suspicion that the unborn child has Down syndrome. This could lead to a decrease in abortions performed on unborn children diagnosed with Down syndrome. It would also likely lead to legal challenges, testing the constitutionality of the law and its impact on abortion access.
Potential Benefits
- Reinforces the value and dignity of individuals with Down syndrome.
- Potentially reduces the number of abortions performed due to Down syndrome diagnoses.
- Provides legal recourse for women and certain family members if an abortion is performed in violation of the Act.
- Aligns with the principle of non-discrimination against individuals with disabilities.
- May encourage greater societal support and resources for individuals with Down syndrome and their families.
Most Benefited Areas:
Potential Disadvantages
- Restricts abortion access, potentially infringing on a woman's reproductive rights.
- May create challenges for physicians in determining the motivations behind a woman's decision to seek an abortion.
- Could lead to legal challenges based on constitutional grounds, particularly related to privacy and bodily autonomy.
- May disproportionately affect women in underserved communities who may lack access to prenatal genetic testing and counseling.
- Could strain the judicial system due to increased litigation related to the Act's provisions.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutional alignment is complex and contested. Supporters argue it aligns with the principle of equal protection and the right to life, potentially referencing the 14th Amendment. Opponents argue it infringes upon the right to privacy and bodily autonomy, citing previous Supreme Court precedents related to abortion rights, though Dobbs has altered the landscape.
The bill's findings reference the Dobbs decision, which overturned Roe v. Wade, asserting that there is no constitutional right to abortion. This suggests an attempt to align the bill with the current Supreme Court's interpretation of the Constitution. However, the specific provisions of the bill, particularly those related to restricting abortion based on a Down syndrome diagnosis, may still face legal challenges under various constitutional arguments.
The bill also raises questions about the role of the federal government in regulating healthcare decisions, which some may argue is a matter best left to the states, potentially implicating federalism principles.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).