Sponsors (15)
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Makes it a federal crime to perform or help perform an abortion when the decision is made because the unborn child is believed to have Down syndrome. It also creates civil remedies, requires certain medical professionals to report suspected violations, protects the woman’s identity in court, and directs courts to handle these cases quickly. The measure ties violations to federal disability nondiscrimination law, reflecting findings that affirm the dignity and value of people with disabilities. A severability clause ensures the rest of the law stays in effect if any part is struck down in court.
Adds a new section 250 to title 18 establishing definitions and prohibiting abortions performed (or attempted) because the unborn child has or may have Down syndrome, creates criminal penalties (fines and imprisonment up to 5 years), reporting requirements (and penalties for failure to report), civil causes of action and remedies (including damages, punitive damages, injunctive relief, and attorney's fees), privacy protections in court proceedings, expedited judicial consideration, and deems violations discrimination for purposes of section 504 of the Rehabilitation Act of 1973.
Amends the table of sections of Title 18 by adding an entry for the new section 250: "Discrimination by abortion against an unborn child on the basis of down syndrome prohibited."
On June 24, 2022, the United States Supreme Court issued Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade (410 U.S. 113 (1973)).
Dobbs held that there is no constitutional right to abort an unborn child and found that Roe was not based in the Constitution’s text nor deeply rooted in U.S. history and tradition.
Federal law protects individuals with disabilities against discrimination, including in the provision of medical care.
Congress has previously affirmed that disability is a natural part of the human experience and does not diminish individuals’ rights to live independently, make choices, contribute to society, pursue careers, and enjoy full inclusion and integration.
It is U.S. policy to respect the lives and dignity of individuals with disabilities, including individuals with Down syndrome.
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Referred to the House Committee on the Judiciary.
Introduced March 21, 2025 by Ron Estes · Last progress March 21, 2025
Referred to the House Committee on the Judiciary.
Introduced in House