The US federal government took Ohio’s side in a lawsuit over the state law prohibiting doctors from performing abortions based on a foetal diagnosis of Down Syndrome.

The US Justice Department said in a filing that “nothing in Ohio’s law creates a substantial obstacle to women obtaining an abortion, and nothing in the Constitution or Supreme Court precedent requires States to authorise medical providers to participate in abortions the providers know are based on Down’s syndrome”.

Taking up an argument used by supporters, the federal government told the court the law protects against discrimination based on disability, sticking with the principle established in other laws, such as the Americans for Disabilities Act.

The law would specifically outlaw abortions in cases where there is a positive test result or pre-natal diagnosis indicating Down’s syndrome.

Doctors who perform such an abortion could be charged with a fourth-degree felony, stripped of their medical licence and held liable for legal damages under the law.

A pregnant woman would face no criminal liability.