Ohio Supreme Court Dismisses State's Challenge to Abortion Ban, Case Sent Back to Lower Court

https://icaro.icaromediagroup.com/system/images/photos/15941000/original/open-uri20231216-56-12sa9l2?1702759614
ICARO Media Group
Politics
16/12/2023 20h44

In a significant development, the Ohio Supreme Court has dismissed the state's challenge to a judge's order that has blocked enforcement of Ohio's near ban on abortions for the past 14 months. The ruling, announced on Friday, moves action in the case back to the Hamilton County Common Pleas Court, where abortion clinics have requested Judge Christian Jenkins to throw out the law following voters' decision to approve enshrining abortion rights in the state constitution.

The appeal was dismissed by the high court due to a change in the law, as stated by the justices. Back in March, the Supreme Court had agreed to review a county judge's order that had blocked enforcement of the abortion restriction and to consider whether clinics had legal standing to challenge the law. However, the justices ultimately denied the Republican Attorney General Dave Yost's request to review the constitutional right to abortion, leaving such arguments for a lower court.

On Thursday, the clinics requested Judge Jenkins to permanently block the abortion ban, citing the recent amendment to the state constitution by Ohio voters. Last month, Ohio voters approved an amendment to ensure access to abortion and other reproductive healthcare. This move prompted the clinics to seek the complete removal of the ban.

The controversial law, signed by Republican Governor Mike DeWine in April 2019, prohibited most abortions after the first detectable "fetal heartbeat." This typically occurs as early as six weeks into pregnancy, often before many women are even aware of their pregnancy. The ban had been initially blocked through a federal legal challenge but briefly went into effect when the landmark 1973 Roe v Wade decision was overturned last year by the US Supreme Court. However, it was later placed back on hold in the county court due to a subsequent lawsuit challenging its constitutionality under the state constitution.

In response to the Supreme Court's dismissal, Attorney General Yost's office has stated that the state is prepared to acknowledge the will of the people and carefully review each part of the law for an orderly resolution of the case. Notably, Yost's own legal analysis, circulated prior to the vote, had stated that the passage of the amendment would invalidate the state's six-week ban, noting that "Ohio would no longer have the ability to limit abortions at any time before a fetus is viable."

With the case now returning to the Hamilton County Common Pleas Court, the battle over Ohio's abortion ban is set to continue. As the constitutionally protected right to abortion hangs in the balance, advocates on both sides of the debate will be watching closely to see how the lower court proceeds.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

Related