Clinics Seek Permanent Block Following Voters’ Decision
COLUMBUS, Ohio — In a significant development, the Ohio Supreme Court has dismissed the state’s challenge to a judge’s order that has effectively blocked enforcement of Ohio’s near-ban on abortions for the past 14 months. This decision has shifted the action in the case back to Hamilton County Common Pleas. The move comes as abortion clinics have requested Judge Christian Jenkins to throw out the law after Ohio voters approved enshrining abortion rights in the state constitution.
Dismissal Due to a Change in the Law
The high court’s ruling, issued on Friday, stated that the appeal was “dismissed due to a change in the law.” This decision follows the court’s agreement in March to review a county judge’s order that had initially blocked enforcement of the abortion restriction. It was also set to consider whether the clinics had the legal standing to challenge the law. Ultimately, the justices denied Republican Attorney General Dave Yost’s request to launch their own review of the constitutional right to abortion, deferring such arguments to a lower court.
Abortion Clinics Seek Permanent Ban
On Thursday, the clinics requested Judge Jenkins to permanently block the abortion ban. This request comes in the wake of Ohio voters approving an amendment last month that guarantees access to abortion and other reproductive health care. The ban, signed into law by Republican Governor Mike DeWine in April 2019, prohibited most abortions after the first detectable “fetal heartbeat,” which can be as early as six weeks into pregnancy.
Changing Legal Landscape
This controversial ban faced legal challenges from the start and was initially blocked through a federal legal challenge. However, it briefly went into effect when the landmark 1973 Roe v. Wade decision was overturned last year. Subsequently, it was placed back on hold in county court as part of a subsequent lawsuit, which argued that the ban was unconstitutional under the state constitution.
State Prepared to Acknowledge Voter’s Will
Attorney General Dave Yost’s office referred to a statement from December 7th, expressing the state’s readiness to acknowledge the will of the people on the issue. However, they also emphasized the need for a careful review of each aspect of the law to ensure an orderly resolution of the case. The abortion providers have cited Yost’s previous legal analysis, which stated that the passage of the amendment would invalidate Ohio’s six-week ban. In their request to the lower court, they argued that “Ohio would no longer have the ability to limit abortions at any time before a fetus is viable.”
This recent development showcases the ongoing clash between those advocating for strict abortion regulations and those fighting for reproductive rights. As the legal battle continues, the fate of Ohio’s near-ban on abortions hangs in the balance.
