- Federal agenciesCreates a federal prohibition intended to prevent abortions based on Down syndrome diagnoses.
- Potential benefitProvides civil remedies and attorney fees, strengthening legal avenues for enforcing nondiscrimination.
- Potential benefitMay deter providers from performing abortions for disability-related reasons through criminal penalties.
Protecting Individuals with Down Syndrome Act
Read twice and referred to the Committee on the Judiciary.
The bill adds a new federal crime to Title 18 prohibiting abortion performed, in whole or in part, because an unborn child is diagnosed with or suspected of having Down syndrome. It creates criminal penalties (fines and up to 5 years imprisonment), civil causes of action for the woman, certain relatives, and the Attorney General, mandatory reporting by medical personnel, a prohibition on transporting a woman across state lines for such an abortion, and deems violations discrimination under Section 504 of the Rehabilitation Act.
Left emphasizes reproductive autonomy and privacy concerns
Relative to its intended legislative type, this bill clearly frames a substantive legal change and supplies many of the standard statutory elements for a criminal prohibition and private right of action (definitions, offenses, penalties, remedies, reporting, privacy protections, and integration instructions).
The bill adds a new federal crime to Title 18 prohibiting abortion performed, in whole or in part, because an unborn child is diagnosed with or suspected of having Down syndrome.
It creates criminal penalties (fines and up to 5 years imprisonment), civil causes of action for the woman, certain relatives, and the Attorney General, mandatory reporting by medical personnel, a prohibition on transporting a woman across state lines for such an abortion, and deems violations discrimination under Section 504 of the Rehabilitation Act.
The bill defines ‘‘abortion’’ and ‘‘unborn child’’ broadly (including from fertilization), provides privacy protections in court, bars prosecution of the woman, and requires expedited judicial consideration of cases.
Highly controversial federal abortion restriction with enforcement and constitutional risk; narrow focus helps some supporters but limits bipartisan appeal.
Relative to its intended legislative type, this bill clearly frames a substantive legal change and supplies many of the standard statutory elements for a criminal prohibition and private right of action (definitions, offenses, penalties, remedies, reporting, privacy protections, and integration instructions).
Left emphasizes reproductive autonomy and privacy concerns
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Potential burdenImposes criminal liability on abortion providers, likely increasing legal risk and compliance burdens.
- Potential burdenReporting requirements could undermine patient confidentiality and complicate prenatal counseling.
- Federal agenciesProhibiting transport across state lines may restrict interstate travel and raise federalism conflicts.
Why the argument around this bill splits.
Left emphasizes reproductive autonomy and privacy concerns
Likely to view the bill as a targeted federal ban that criminalizes certain abortions and expands civil liability and reporting obligations for medical providers.
They would emphasize threats to reproductive autonomy, provider–patient confidentiality, and access to abortion and prenatal care.
They would be concerned about chilling effects on prenatal testing, medical decision-making, and interstate travel for care.
Likely to have mixed views: supportive of anti-discrimination goals but wary of criminal penalties, federal intrusion into medical decisions, and litigation burdens.
Would seek clearer narrow scope, strong health-of-woman exceptions, and safeguards against unintended consequences.
Concerned about legal conflicts with state law and likely constitutional challenges.
Likely to view the bill favorably as advancing pro-life objectives and protecting unborn children with Down syndrome from discrimination-based abortion.
Will see criminal penalties and civil remedies as appropriate enforcement tools and appreciate the Rehabilitation Act linkage.
Some conservatives may still prefer state-level action, but many will support a federal standard against disability-selective abortion.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Highly controversial federal abortion restriction with enforcement and constitutional risk; narrow focus helps some supporters but limits bipartisan appeal.
- Constitutional challenges and judicial interpretation post-Dobbs
- Practical proof standard for provider 'knowledge' and intent
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Left emphasizes reproductive autonomy and privacy concerns
Highly controversial federal abortion restriction with enforcement and constitutional risk; narrow focus helps some supporters but limits b…
Relative to its intended legislative type, this bill clearly frames a substantive legal change and supplies many of the standard statutory elements for a criminal prohibition and private right of action (definitions, of…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.