A judge in Hamilton County, Ohio, blocked the state’s six-week abortion ban for 14 days, allowing abortion up to 22 weeks in the state while the six-week law is blocked.
Hamilton County Common Pleas Court Judge Christian Jenkins issued the restraining order after the plaintiffs in the case argued the law was unconstitutional under the state’s constitution. “No great stretch is required to find that Ohio law recognizes a fundamental right to privacy, procreation, bodily integrity and freedom of choice in health care decision making,” Jenkins wrote.
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The plaintiffs, which include the American Civil Liberties Union and Planned Parenthood, issued a joint statement commending the decision by the judge.
“We’re grateful that, for now, Ohioans can once again widely access abortion care in their own state. But this is just the first step. We have already seen the devastating impact Senate Bill 23 has had on people seeking abortions in Ohio. State lawmakers will stop at nothing to try again to permanently restrict our reproductive rights; their cruelty knows no bounds,” the statement said. “We remain intensely committed to defending against any and all attempts to limit Ohioans’ constitutional right to access the full range of reproductive health care in their home state.”
While they are celebrating the temporary ban, the plaintiffs are seeking a preliminary injection to block the law as legal challenges play out.
The president of Ohio Right to Life, an anti-abortion group, Michael Gonidakis, says he is “more than confident” the law will be restored shortly, according to a statement Wednesday.
“By forum shopping, abortion activists temporarily got what they wanted which is the ability to abort children with a beating heart. Nowhere in the Ohio Constitution or anywhere in the Ohio Revised Code will any Ohioan find supporting evidence that Ohio’s current heartbeat law is anything other than good law which saves lives,” Gonidakis said in the statement. “We are more than confident that the heartbeat law will go back into effect relatively soon. Further, we can assure pro-life Ohio that in the near future Ohio will become abortion free, regardless of what this local judge ruled today. We will prevail.”
The Washington Examiner reached out to the office of state Attorney General Dave Yost for comment.
“We’re reviewing the judge’s decision and will consult with the Governor’s administration on next steps,” Bethany McCorkle, spokeswoman for Yost, said in a statement.
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The law, which prevents abortions after a fetal heartbeat is detected, was signed into law in April 2019 by Gov. Mike DeWine (R) but was blocked by courts due to the legal precedent of Roe v. Wade.
When the Supreme Court overruled Roe in June with the decision Dobbs v. Jackson Women’s Health Organization, the issue of abortion was reverted back to the states, and the 2019 law went into effect.
