by J.D. Davidson
Ohio’s 1st District Court of Appeals refused Friday to take up the state’s appeal of an injunction on its six-week abortion ban.
The appellate court sent the case back to the lower court to continue, and complete, proceedings in the case.
The American Civil Liberties Union, the ACLU of Ohio, Planned Parenthood Federation of America, and the law firm WilmerHale will now continue the litigation in trial court to obtain a permanent injunction on behalf of Ohio abortion providers, the ACLU said in a statement.
As long as the preliminary injunction remains in place, abortion up to 22 weeks of pregnancy remains legal in Ohio, according to the ACLU.
“We are pleased that the appeal was correctly dismissed for lack of jurisdiction and that the case will continue before the trial court towards a final decision on the merits,” a joint statement read from leaders in Planned Parenthood Federation of America, Planned Parenthood of Greater Ohio, Planned Parenthood Southwest Ohio, the American Civil Liberties Union, ACLU of Ohio, Preterm-Cleveland, Women’s Med Group Professional Corporation, Northeast Ohio Women’s Center, Toledo Women’s Center and Dr. Sharon Liner. “The state will fight us every step of the way but we know that Senate Bill 23 violates the Ohio Constitution and we are confident that the law is on our side.”
As previously reported by The Center Square, Attorney General Dave Yost decided in mid-October to appeal the injunction.
Abortion rights groups – including Planned Parenthood Federation of America, Planned Parenthood of Greater Ohio, Planned Parenthood Southwest Ohio, the American Civil Liberties Union, ACLU of Ohio, Preterm-Cleveland, Women’s Med Group Professional Corporation, Northeast Ohio Women’s Center, Toledo Women’s Center, and Dr. Sharon Liner – filed the suit.
Under Senate Bill 23, a doctor who conducts an abortion after the fetal heartbeat could face up to a year in prison with a fifth-degree felony. The State Medical Board could also take further disciplinary action, which could include up to $20,000 in fines.
Hamilton County Common Pleas Court Judge Christian Jenkins’ temporary restraining order stopped the law from going into effect while a lawsuit challenging it continues.
Jenkins twice ordered 14-day stops on the bill before ordering the injunction in early October.
In the first order, Jenkins ruled the state’s fetal heartbeat bill did not violate the U.S. Constitution after Roe’s reversal, but it may violate the Ohio Constitution.
Among other things, a 2011 voter-passed amendment to the Ohio Constitution prohibits federal, state or local law enforcement from stopping the purchase or sale of health care or health insurance, and prohibited federal, state or local laws from imposing penalties or fines for the sale or purchase or sale of health care.
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An Ohio native, J.D. Davidson is a veteran journalist with more than 30 years of experience in newspapers in Ohio, Georgia, Alabama and Texas. He has served as a reporter, editor, managing editor and publisher. Davidson is a regional editor for The Center Square.
Photo “Pregnant Woman” by xusenru.
