Bills of Congress by U.S. Congress

S.205 - Protecting Individuals with Down Syndrome Act (119th Congress)

Summary

S.205, the "Protecting Individuals with Down Syndrome Act," seeks to amend Title 18 of the United States Code to prohibit abortions based on a diagnosis of Down syndrome in the unborn child. The bill establishes definitions for key terms like "abortion," "Down syndrome," "qualified plaintiff," and "unborn child." It outlines specific offenses, criminal penalties, and civil remedies for violations.

Expected Effects

If enacted, this bill would make it illegal for doctors to perform abortions if they know or suspect the pregnant woman is seeking the abortion due to a Down syndrome diagnosis in the unborn child. It also allows for civil actions against those who violate the law, and includes reporting requirements for medical professionals.

Potential Benefits

  • Reinforces the value and dignity of individuals with Down syndrome.
  • Prevents potential discrimination against unborn children based on disability.
  • Provides legal recourse for women and family members if an abortion is performed in violation of the Act.
  • Aligns federal law with the principle of non-discrimination based on disability.
  • May lead to increased support and resources for individuals with Down syndrome and their families.

Potential Disadvantages

  • Restricts a woman's reproductive choices and bodily autonomy.
  • Could create legal challenges and uncertainty for medical professionals.
  • May disproportionately affect women in underserved communities with limited access to genetic counseling and prenatal care.
  • Could lead to increased government oversight of medical decisions.
  • May face constitutional challenges related to the right to privacy and equal protection.

Constitutional Alignment

The bill's constitutional alignment is complex and contested. Supporters argue it aligns with the 14th Amendment's Equal Protection Clause by preventing discrimination against a specific group. Opponents argue it infringes upon the right to privacy, potentially conflicting with previous Supreme Court rulings, although Dobbs v. Jackson Women's Health Organization altered the landscape of abortion rights.

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).