Ohio Supreme Court Dismisses State's Challenge to Judge's Order Blocking Abortion Ban
ICARO Media Group
COLUMBUS, Ohio - The Ohio Supreme Court has dismissed the state's challenge to a judge's order that has effectively blocked the enforcement of Ohio's near-ban on abortions for the past 14 months. The ruling by the state's highest court has shifted the action in the case back to Hamilton County Common Pleas.
Abortion clinics in the state have requested Judge Christian Jenkins to throw out the law following the recent decision by Ohio voters to approve the enshrinement of abortion rights in the state constitution. In response to the appeal, the Ohio Supreme Court issued a statement on Friday stating that the appeal was dismissed "due to a change in the law."
In March, the justices had agreed to review a county judge's ruling that prevented the enforcement of the abortion restriction. The court had also considered whether the clinics had legal standing to challenge the law. However, they denied the request made by Republican Attorney General Dave Yost to conduct their own review on the constitutional right to abortion. Instead, they left the arguments for a lower court to address.
On Thursday, the abortion clinics asked Judge Christian Jenkins to permanently block the abortion ban in light of the recent amendment passed by Ohio voters. The amendment guarantees access to abortion and other reproductive health care. The ban, signed into law by Republican Governor Mike DeWine in April 2019, prohibits most abortions after the first detectable "fetal heartbeat," which can occur as early as six weeks into pregnancy.
Initially, the ban was blocked through a federal legal challenge but briefly went into effect when the Supreme Court overturned the landmark 1973 Roe v. Wade decision last year. However, it was reinstated when a subsequent lawsuit claimed that the ban violated the state constitution.
In response to the dismissal, Republican Attorney General Dave Yost's office stated that they are prepared to acknowledge the will of the people on the issue and are currently reviewing each part of the law for an orderly resolution of the case.
The abortion providers have requested the lower court, which initially blocked the ban, to permanently strike it down. They cited Yost's own legal analysis, circulated before the vote, which stated that the passage of the amendment would invalidate Ohio's six-week ban, thereby removing the state's ability to limit abortions before fetal viability.
The case now awaits further action in Hamilton County Common Pleas as Ohio continues to navigate the complex legal landscape surrounding abortion rights.