Ohio judge strikes down state's 6-week abortion ban as unconstitutional

An Ohio judge issued a imperishable injunction connected Thursday, striking down nan state's six-week abortion rule arsenic a full while citing nan state's law amendment.

"Ohio voters person spoken," Hamilton County Common Pleas Judge Christian Jenkins wrote successful nan filing. "The Ohio Constitution now unequivocally protects nan correct to abortion."

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

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The suit was initially revenge against Republican Ohio Attorney General Dave Yost by nan ACLU and Planned Parenthood connected behalf of abortion providers arsenic a consequence of Ohio's 2019 rule banning abortions arsenic early arsenic six weeks. 

The suit was initially revenge against Republican Ohio Attorney General Dave Yost by nan ACLU and Planned Parenthood connected behalf of abortion providers. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

The rule was allowed to concisely spell into effect successful 2022 aft nan Dobbs v. Jackson Women's Health Organization decision. The tribunal past issued a impermanent restraining bid connected nan rule and later extended nan bid for 2 much weeks. Following a proceeding successful October 2022, nan tribunal issued a preliminary injunction bid that remained successful effect up until nan imperishable injunction bid was issued connected Thursday. 

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In 2023, Ohio voters approved a law amendment enshrining abortion authorities into nan state's constitution. In ray of nan amendment, Yost conceded that parts of the law were unconstitutional — peculiarly nan six-week proviso — while arguing to uphold others. 

In 2023, Ohio voters approved a law amendment enshrining abortion authorities into nan state's constitution. (Getty Images)

"For moreover aft a ample mostly of Ohio voters — presumably some women and men — approved an amendment to nan Ohio Constitution protecting nan correct to pre-viability abortion connected November 7, 2023, nan Attorney General urges this Court to time off ‘untouched’ each but 1 proviso of nan truthful called ‘Heartbeat Act’ intelligibly rejected by Ohio voters," Jenkins wrote. 

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Jenkins disagreed pinch Yost, penning that if nan tribunal were to adopt Yost's argument, "Ohio doctors who supply abortion attraction would proceed to beryllium astatine consequence of felony criminal charges."

"Ohio voters person spoken," Hamilton County Common Pleas Judge Christian Jenkins wrote successful nan filing. (Andrew Spear/Getty Images)

Jenkins besides stated that upholding definite provisions of nan rule would still require patients seeking abortions to "make 2 in-person visits to their provider, hold twenty-four hours to person abortion care, reappraisal state-mandated accusation designed to discourage abortion and person nan logic for their abortion recorded and reported."

"This dispels nan story that nan U.S. Supreme Court's determination successful Dobbs v. Jackson Women's Health Org. simply returns nan rumor of abortion to nan states," nan filing read. 

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"This is simply a very long, analyzable determination covering galore issues, galore of which are issues of first impression," Yost's agency said successful a connection to Fox News Digital. 

Yost's agency said nan authorities has 30 days "to find adjacent steps" and would "review nan Court's bid successful accordance pinch that timeframe."

The Associated Press contributed to this report.