OHIO — The Ohio Supreme Court denied a motion from the state’s abortion clinics to block the six-week abortion ban, which went into effect the same day the Supreme Court overturned Roe v. Wade.
The lawsuit filed Wednesday on behalf of Preterm-Cleveland, Planned Parenthood Southwest Ohio, Planned Parenthood Greater Ohio, Women’s Med Group Professional Corporation, Northeast Ohio Women’s Center, Toledo Women’s Center and abortion provider Dr. Sharon Liner urged the Ohio Supreme Court to rule the six-week ban unconstitutional.
The court’s decision, announced Friday, is unsigned by the justices and states, “In Mandamus. On relators’ motion for an emergency stay. Motion denied.”
ACLU Ohio replied to the court’s decision, saying it is “deeply disturbed.”
“This is an incredibly horrible situation and we are deeply disturbed by the Ohio Supreme Court’s decision to allow the draconian six-week ban to remain in effect as it considers the merits of our case,” ACLU Ohio wrote on Twitter.
For now, abortion after six weeks of pregnancy or until a fetal heartbeat is detected remains illegal in the state of Ohio.
After the Supreme Court overturned Roe v. Wade and Casey v. Planned Parenthood Friday, Attorney General Dave Yost filed a motion to dissolve the injunction on Senate Bill 23, otherwise known as the state’s “Heartbeat Bill” on the same day as the Supreme Court decision.
Lawmakers introduced SB 23 in 2019, but a federal judge stopped it at the time, deeming it a violation of the precedent set by Roe v. Wade.
Prior to SB 23 going into effect, the state banned abortions after 22 weeks of pregnancy under Casey v. Planned Parenthood. The exception to SB 23 is if the mother’s life is in danger, and there are no exceptions for cases of rape or incest. It also bans the procedure for genetic anomalies.
“This sweeping measure, which prevents nearly every pregnant person from accessing essential care, is blatantly unconstitutional under Ohio’s state constitution which has broad protections for individual liberties,” said attorney Freda Levenson, legal director for the American Civil Liberties Union of Ohio.
Attorneys argued six weeks is not enough time, claiming people would have two weeks to learn they are pregnant, and then have a limited about of time to seek the care they need. They also argue that the Ohio Constitution protects health care decisions and individual liberties beyond the U.S. Constitution.
Yost replied to the lawsuit Wednesday afternoon, saying the groups filed the lawsuit in the wrong court.
“Races don’t start at the finish line, and lawsuits don’t start in the final court,” Yost wrote in a statement. “Aside from filing the wrong action in the wrong court, they are wrong as well on Ohio law. Abortion is not in the Ohio Constitution.”
The lawsuit was among a handful of abortion providers or advocates filing lawsuits over abortion bans. In Louisiana, the court there blocked enforcement of the state’s trigger ban. In Kentucky, a judge granted a temporary suspension of the state’s trigger law, allowing abortions to resume for now.
