Ohio AG to Appeal Ruling That Struck Down State's Six-Week Abortion Ban

Ohio Attorney General Dave Yost, a Republican, is appealing a county judge's ruling temporarily striking down the state's six-week abortion ban.

On Friday, Yost filed a notice of appeal with the court after Hamilton County Common Pleas Judge Christian Jenkins ruled Ohio's so-called heartbeat law was unconstitutional under an amendment that enshrines reproductive rights, which Ohio voters passed last year.

Yost's office said there are provisions in the 2019 heartbeat law that aren't addressed in the constitutional amendment, known as Issue 1.

"It is up to the courts to determine how conflicts between those two documents are resolved," said Yost spokesperson Bethany McCorkle.

The law bans most abortions once fetal cardiac activity is detected, hence the heartbeat nickname. Cardiac activity can be detected as early as six weeks into pregnancy, which is before many women even know they're pregnant, according to Planned Parenthood.

Jessie Hill, cooperating attorney for the American Civil Liberties Union (ACLU) of Ohio, told Newsweek on December 2, "We are disappointed that the Attorney General continues to spend taxpayer money on this lawsuit and disregard the very clear message that Ohioans sent when an overwhelming majority approved the Reproductive Freedom Amendment to our constitution. But we will keep fighting to ensure that the amendment is enforced, and Ohioans' rights are protected."

What Did Judge Jenkins Say in His Ruling?

Judge Jenkins wrote in his ruling from October, "Despite the adoption of a broad and strongly worded constitutional amendment, in this case and others, the State of Ohio seeks not to uphold the constitutional protection of abortion rights, but to diminish and limit it."

He was referring to Issue 1, which gives every Ohioan "the right to make and carry out one's own reproductive decisions."

Jenkins said in October that when the Supreme Court overturned Roe v. Wade in June 2022 and left abortion up to the states to decide, "Ohio's Attorney General evidently didn't get the memo."

AG Yost Tries to Keep Part of Heartbeat Law

Yost acknowledged in court documents this spring that Issue 1 made Ohio's abortion ban unconstitutional but tried to maintain other elements of the law, including certain notification and reporting aspects.

Those elements would have subjected physicians who perform abortions to felony criminal charges, fines, license suspensions or revocations and civil claims of wrongful death. They would have also required patients to make two in-person visits to their healthcare provider, wait 24 hours for an abortion and have that abortion recorded and reported.

Jenkins said in October that Yost's request to leave all but one provision of the law untouched even after the passage of an amendment protecting the right to abortion before the fetus is viable "dispels the myth" that the Supreme Court's 2022 ruling simply gives states power over the issue.

Years-Long Legal Battle

Jenkins' October ruling was part of a lawsuit filed by ACLU of Ohio, Planned Parenthood Federation of America and the law firm WilmerHale on behalf of a group of Ohio abortion providers. It is the second round of litigation challenging the abortion ban.

An initial lawsuit was brought in federal court in 2019, where the ban was first blocked under Roe v. Wade. After the 1973 landmark decision was overturned, Ohio's ban was briefly allowed to go into effect.

Enforcement of the ban was then again paused by the state court system with opponents arguing it violated protections in Ohio's constitution guaranteeing individual liberty and equal protection. Challengers of the ban also claimed it was unconstitutionally vague.

When Jenkins handed down his decision, Hill called it "a momentous ruling, showing the power of Ohio's new Reproductive Freedom Amendment in practice."

"The six-week ban is blatantly unconstitutional and has no place in our law," she said in October.

This article includes reporting from The Associated Press.

Update 12/2/24, 5:07 p.m. ET: This article was updated with comment from Jessie Hill.