The Ohio attorney general has filed a court document stating that the 2019 law banning most abortions in the state is unconstitutional following an abortion referendum that occurred last year. The referendum enshrined abortion rights in the state constitution, leading to a challenge from abortion clinics to overturn the law. Attorney General Dave Yost agreed with the clinics that the core prohibition of banning abortions after six weeks should be struck down, but requested that other provisions remain intact, such as requiring doctors to check for a heartbeat and document the reason for the abortion.
The state’s attorney general’s office stated that they respect the will of the people but are obligated to protect parts of the law that the amendment doesn’t specifically address. However, the ACLU of Ohio criticized the continued litigation, calling it “quibbling about extraneous matters” and asserting that the case should be over. The law signed by Governor Mike DeWine in 2019 prohibited most abortions after the first detectable fetal heartbeat, which can occur as early as six weeks into pregnancy. The law was briefly in effect after the Roe v. Wade decision was overturned in 2022, but was later put on hold due to a lawsuit challenging its constitutionality under the Ohio Constitution.
The case has been making its way through the court system, with the state Supreme Court dismissing an appeal from the attorney general’s office in December 2023. This sent the case back to the lower courts, where it currently resides pending a decision from Hamilton County Court of Common Pleas Judge Christian Jenkins. The legal director of the ACLU of Ohio stated that the issues raised in the case have never been problematic before and urged for a swift resolution. The ongoing legal battle over the abortion law highlights the complexity and contentiousness of reproductive rights, with both sides passionately advocating for their respective positions.
The court filing by the attorney general marks the latest development in a series of legal challenges surrounding the controversial abortion law in Ohio. The case represents a clash between those who support abortion rights and those who advocate for restrictions on the procedure. The outcome of the case could have significant implications for reproductive rights in Ohio and beyond, as similar laws and challenges are being considered in other states as well. The decision of Judge Jenkins will likely be closely watched by both sides of the abortion debate as they continue to push for their respective agendas.
