by Jennifer Nuelle
A county judge in Ohio ruled Thursday that the state’s six-week abortion ban is unconstitutional, permanently blocking the law from taking effect.
Judge Christian Jenkins blocked Ohio’s “Heartbeat Act,” signed by Gov. Mike DeWine in 2019, arguing last year’s abortion ballot initiative that amended the state constitution should be able to take full effect.
“Ohio voters have spoken,” the Thursday ruling states. “The Ohio Constitution now unequivocally protects the right to abortion. The State cannot properly undermine this right unless it satisfies an exception set forth in the Amendment by using the least restrictive means to advance the individual’s health in accordance with widely accepted and evidence-based standards of care.”
Ohio Attorney General Dave Yost appealed Jenkins’ initial 2023 decision to block the law following the 2022 Dobbs decision, but the state’s Supreme Court dismissed the case back to the lower court where it was originally filed. Jenkins’ Thursday ruling on the six-week ban followed several months of litigation in 2023 and pressure from pro-abortion groups.
Voters approved an amendment in November 2023 that allowed abortions to be legal in Ohio until birth in some circumstances, which was a deciding factor in the state’s Supreme Court decision to dismiss Yost’s appeal.
Jenkins stated that all but one provision of DeWine’s “Heartbeat Act” have been “clearly rejected by Ohio voters.”
“Unlike the Ohio Attorney General, this Court will uphold the Ohio Constitution’s protection of abortion rights,” the ruling states. “The will of the people of Ohio will be given effect.”
“This is a very long, complicated decision covering many issues, many of which are issues of first impression,” Yost’s office told the Daily Caller News Foundation. “Under the Rules of Appellate Procedure, the State has up to thirty days to determine next steps. We will review the Court’s order in accordance with that timeframe.”
DeWine’s office told the DCNF that it had no comment on the ruling.
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Jennifer Nuelle is a reporter at Daily Caller News Foundation.
