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Order blocking enforcement of Ohio abortion ban stands after high court dismisses appeal

by Michael Nguyen
6 comments
Airport Protests

The Ohio Supreme Court has taken action regarding the state’s challenge to a judge’s order that has prevented the enforcement of Ohio’s nearly complete abortion ban for the past 14 months. This decision now shifts the legal proceedings back to Hamilton County Common Pleas, where abortion clinics recently petitioned Judge Christian Jenkins to nullify the law. This move follows the decision by Ohio voters to endorse the inclusion of abortion rights in the state’s constitution.

On Friday, the high court stated that the appeal had been “dismissed due to a change in the law.” Earlier in March, the justices had agreed to review a county judge’s ruling that halted the enforcement of the abortion restriction and to examine whether the clinics possessed the necessary legal standing to challenge the law. Ultimately, they declined the request from Republican Attorney General Dave Yost to undertake their own examination of the constitutional right to abortion, deferring such arguments to a lower court.

The abortion clinics requested Judge Jenkins on Thursday to permanently block the abortion ban in light of the recent constitutional amendment that Ohio voters ratified. This amendment ensures access to abortion and other reproductive health care services.

The legislation, signed into law by Republican Governor Mike DeWine in April 2019, initially prohibited most abortions after the detection of the “fetal heartbeat,” which can occur as early as six weeks into pregnancy, often before many women are aware of their pregnancy status. Although the ban was initially halted through federal legal action, it briefly went into effect following the overturning of the landmark 1973 Roe v. Wade decision last year. Subsequently, it was once again put on hold through proceedings in county court, as part of a subsequent lawsuit challenging its constitutionality under the state constitution.

Yost’s office referred to a statement made on December 7, indicating that the state is prepared to acknowledge the will of the people on the issue while also carefully reviewing each aspect of the law to ensure an orderly resolution of the case. The abortion providers have urged the lower court, which initially blocked the ban, to permanently invalidate it. They cited Yost’s own legal analysis, circulated before the vote, which asserted that the passage of the amendment would render Ohio incapable of limiting abortions before fetal viability, stating that “Ohio would no longer have the ability to limit abortions at any time before a fetus is viable.”

Frequently Asked Questions (FAQs) about Abortion Ban Ohio Court Decision

What is the recent decision by the Ohio Supreme Court regarding the abortion ban?

The Ohio Supreme Court has dismissed the state’s challenge to a judge’s order that blocked enforcement of Ohio’s near-total abortion ban for the past 14 months.

What happens next in the legal proceedings?

The case now returns to Hamilton County Common Pleas, where abortion clinics have requested Judge Christian Jenkins to invalidate the law following the recent voter-approved constitutional amendment supporting abortion rights.

Why did the high court dismiss the appeal?

The high court cited the reason for dismissal as “due to a change in the law.” This implies that the recent constitutional amendment played a significant role in their decision.

What was the original abortion ban’s timing and nature?

The law, signed by Republican Governor Mike DeWine in April 2019, initially prohibited most abortions after the detection of a “fetal heartbeat,” which can occur as early as six weeks into pregnancy.

Why did the abortion ban briefly go into effect last year?

The ban briefly went into effect after the landmark 1973 Roe v. Wade decision was overturned last year. However, it was subsequently placed on hold through legal proceedings challenging its constitutionality under the state constitution.

What stance has Ohio’s Attorney General taken on this issue?

Ohio’s Attorney General Dave Yost has expressed the state’s preparedness to acknowledge the people’s will on the matter while also reviewing each aspect of the law for an orderly resolution of the case.

What are the implications of the recent constitutional amendment on abortion access in Ohio?

The recent amendment ensures access to abortion and other reproductive health care services in Ohio, effectively invalidating the state’s previous six-week abortion ban.

How did the abortion providers support their case in asking for a permanent ban on the abortion law?

The abortion providers cited Yost’s own legal analysis, which stated that the passage of the constitutional amendment would eliminate Ohio’s ability to limit abortions before fetal viability, making it a compelling argument in favor of a permanent ban on the law.

More about Abortion Ban Ohio Court Decision

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6 comments

NewsJunkie1 December 17, 2023 - 12:38 am

abortion rights won, yost says review, clinics say permanent ban

Reply
JournalistJane December 17, 2023 - 2:49 am

ohio supreme court dismissin appeal, move back 2 hamilton county pleas. abortion clinics want law gone, voters approve change. high court say dismissed cuz law change. clinics ask judge 2 block abortion ban 4ever, voters said yes 2 abortion rights. republican gov mike dewine sign law in 2019, most abortions banned @ fetal heartbeat. legal fight, overturn roe v wade, ban back in county court. attorney general yost say follow ppl’s will, review law orderly. clinics say ban invalid now cuz amendment pass, can’t limit b4 fetus viable.

Reply
GrammarNerd December 17, 2023 - 3:44 am

Typos n missin’ punctuashun make readin’ this tuf, imporant info tho

Reply
JohnDoe December 17, 2023 - 5:51 am

court says no, ohio aborsh ban still blockd, back 2 county court

Reply
LegalEagle December 17, 2023 - 11:24 am

fetal heartbeat law, roe v wade overturned, now challenge

Reply
SeriousWriter December 17, 2023 - 3:20 pm

voters change law, clinics say no ban, high court no review

Reply

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