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Anti-abortion advocates gather outside the Planned Parenthood clinic in St. Louis in 2019. (AP Photo/Jeff Roberson)
ST. LOUIS (CN) A divided Eighth Circuit panel on Wednesday affirmed an injunction that prohibits Missouri from implementing a strict abortion law that includes a ban on the procedure for fetuses diagnosed with Down syndrome.
The St. Louis-based appeals court agreed with Planned Parenthood that the Down syndrome provision is a ban rather than a restriction.
“Unlike a regulation, the Down syndrome provision does not set a condition that upon compliance makes the performance of a pre-viability abortion lawful, thus preserving the constitutional right to elect the procedure. Rather, it bans access to an abortion entirely,” U.S. Circuit Judge Jane L. Kelly the only judge in the Eighth Circuit appointed by a Democratic president, Barack Obama wrote for the majority.
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