Ohio abortion ban ruled unconstitutional in wake of voter-OK'd referendum

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Columbus, Ohio — The astir far-reaching of Ohio's laws restricting abortion was struck down connected Thursday by a region judge who said past year's voter-approved amendment enshrining reproductive rights renders nan alleged heartbeat rule unconstitutional.

Enforcement of nan 2019 rule banning astir abortions erstwhile cardiac activity is detected - arsenic early arsenic six weeks into pregnancy, earlier galore women cognize they're pregnant - had been paused pending nan situation earlier Hamilton County Common Pleas Judge Christian Jenkins.

Jenkins said that erstwhile nan U.S. Supreme Court overturned Roe v. Wade and returned powerfulness complete nan abortion rumor to nan states, "Ohio's Attorney General evidently didn't get nan memo."

The judge said Republican Attorney General Dave Yost's petition to time off each but 1 proviso of nan rule untouched moreover aft a mostly of Ohio's voters passed an amendment protecting nan correct to pre-viability abortion "dispels nan myth" that nan precocious court's determination simply gives states powerfulness complete nan issue.

"Despite nan take of a wide and powerfully worded law amendment, successful this lawsuit and others, nan State of Ohio seeks not to uphold nan constituional protection of abortion rights, but to diminish and limit it," he wrote. Jenkins said his ruling upholds voters' wishes.

Yost's agency said it was reviewing nan bid and would determine wrong 30 days whether to appeal.

"This is simply a very long, analyzable determination covering galore issues, galore of which are issues of first impression," nan agency said successful a statement, meaning they person not been decided by a tribunal before.

Jenkins' determination comes successful a suit that nan ACLU of Ohio, Planned Parenthood Federation of America and nan rule patient WilmerHale brought connected behalf of a group of abortion providers successful nan state, nan 2nd information of litigation revenge to situation nan law.

"This is simply a momentous ruling, showing nan powerfulness of Ohio's caller Reproductive Freedom Amendment successful practice," Jessie Hill, cooperating lawyer for nan ACLU of Ohio, said successful a statement. "The six-week prohibition is blatantly unconstitutional and has nary spot successful our law."

An first suit was brought successful national tribunal successful 2019, wherever nan rule was first blocked nether nan landmark 1973 Roe v. Wade decision. It was concisely allowed to spell into effect successful 2022 aft Roe was overturned. Opponents of nan rule past turned to nan authorities tribunal system, wherever nan prohibition was again put connected hold. They based on nan rule violated protections successful Ohio's constitution that guarantee individual liberty and adjacent protection, and that it was unconstitutionally vague.

After his predecessor doubly vetoed nan measurement citing Roe, Republican Ohio Gov. Mike DeWine signed nan 2019 rule erstwhile appointments by then-President Donald Trump had solidified nan Supreme Court's blimpish mostly and raised hopes among abortion opponents.

The Ohio litigation has unfolded alongside a national upheaval complete abortion rights that followed nan Dobbs determination that overturned Roe, including law amendment pushes successful Ohio and a big of different states. Issue 1, nan amendment Ohio voters passed past year, gives each personification successful Ohio "the correct to make and transportation retired one's ain reproductive decisions."

Yost acknowledged successful tribunal filings this outpouring that nan amendment rendered nan Ohio prohibition unconstitutional, but sought to support different elements of nan 2019 law, including definite notification and reporting provisions.

Jenkins said retaining those elements would person meant subjecting doctors who execute abortions to felony criminal charges, fines, licence suspensions aliases revocations, and civilian claims of wrongful decease - and requiring patients to make 2 in-person visits to their provider, hold 24 hours for nan process and person their abortion recorded and reported.