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A 2019 law banning most abortions in Ohio is unconstitutional following an abortion referendum final yr, the state’s Republican attorney general mentioned in a court docket submitting Monday.
The submitting comes after abortion clinics requested a Hamilton County choose to throw out the law since Ohio voters determined to enshrine abortion rights within the state structure final November.
OHIO VOTERS APPROVE AMENDMENT ENSHRINING ABORTION ACCESS INTO STATE CONSTITUTION
They argue that underneath the brand new constitutional modification, the law, which bans most abortions as soon as fetal cardiac exercise may be detected, is invalid. Attorney General Dave Yost, for probably the most half, agreed.
A law banning most abortions in Ohio is unconstitutional following an abortion referendum, the state’s Republican Attorney General Dave Yost mentioned Monday. (AP Photo/Tony Dejak)
However, the attorney general requested the court docket to solely strike down the “core prohibition” of the law — banning abortions after six weeks — and let different parts stay. These embrace requiring a physician to examine for a heartbeat and inform a affected person, in addition to documenting the explanation somebody is having an abortion. Yost mentioned within the submitting that the plaintiffs haven’t demonstrated how such provisions violate the constitutional modification.
The state “respects the will of the people,” a spokesperson for Yost’s workplace mentioned in an e-mail, however can be obligated to stop overreach and defend elements of the law the modification does not tackle.
Freda Levenson, authorized director of the American Civil Liberties Union of Ohio, known as the continued litigation “quibbling about extraneous matters” in an emailed assertion, and disagreed that such points have ever been an issue earlier than on this case.
“This case should be over. Stick a fork in it,” she mentioned within the assertion.
The law signed by Republican Gov. Mike DeWine in April 2019 prohibited most abortions after the primary detectable “fetal heartbeat.” Cardiac exercise may be detected as early as six weeks into being pregnant, earlier than many ladies know they’re pregnant.
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The ban, initially blocked by way of a federal authorized problem, briefly went into impact when the landmark 1973 Roe v. Wade resolution was overturned in 2022. It was then positioned again on maintain in county court docket, as a part of a subsequent lawsuit difficult it as unconstitutional underneath the Ohio Constitution, finally reaching the state Supreme Court.
In December 2023, the state’s highest court docket dismissed an enchantment introduced by Yost’s workplace ” due to a change in the law.” This despatched the case again to the decrease courts, the place it now resides.
The case now awaits a call by Hamilton County Court of Common Pleas Judge Christian Jenkins.
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