Ohio judge permanently blocks six-week abortion law – Washington Examiner
An Ohio judge has permanently blocked a state law that prohibited abortions after a fetal heartbeat is detected, following a constitutional amendment approved by voters in November 2023 that guaranteed the right to abortion in Ohio. Hamilton County Common Pleas Judge Christian Jenkins emphasized that the Ohio Constitution now explicitly safeguards abortion rights, rendering the six-week abortion law ineffective. Although Ohio Attorney General Dave Yost argued that other provisions of the law, such as a mandatory 24-hour waiting period, should still apply, Jenkins dismissed these claims. Yost’s office is currently reviewing the ruling and may decide to appeal within the next 30 days. The decision has been hailed by abortion rights advocates as a significant victory.
Ohio judge permanently blocks six-week abortion law
An Ohio judge permanently enjoined a state law blocking abortions after a fetal heartbeat is detected, nearly a year after voters in the state enshrined a right to an abortion in the Buckeye State’s constitution.
Voters in Ohio approved Issue 1 in November 2023, which enshrined abortion into the state constitution — spelling doom for the state’s law restricting abortions after a heartbeat is detected. Hamilton County Common Pleas Judge Christian Jenkins offered the death knell to the abortion law Thursday, upholding the state constitution’s “protection of abortion.”
“Ohio voters have spoken. The Ohio Constitution now unequivocally protects the right to abortion,” Jenkins said in his decision.
“To give meaning to the voice of Ohio’s voters, the amendment must be given full effect, and laws such as those enacted S.B. 23 must be permanently enjoined,” he added.
Ohio Attorney General Dave Yost had contended that while the restrictions of abortion at six weeks could no longer be enforced, other parts of the law, such as the 24-hour waiting period, should remain in effect. Jenkins rejected Yost’s arguments.
Yost’s office told the Associated Press that it would review the order and decide within 30 days whether to appeal.
Abortion Forward, a group that pushed for Issue 1 to be passed last year, celebrated the “momentous win” in a statement Thursday.
“This momentous win is due to the hard work of countless Ohioans who stood up and continue to stand up to protect abortion access in our state. Their hard work paid off today as the six-week ban has now correctly been ruled unconstitutional because of our Ohio Reproductive Freedom Amendment,” Kellie Copeland, the group’s executive director, said in a statement.
Abortion measures will be on the ballot before voters in various states on Nov. 5.
Since the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which returned abortion lawmaking to the states, abortion ballot measures have typically favored Democrats and proponents of little to no restrictions on the practice.
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