A 2019 law banning most abortions in Ohio is unconstitutional following an abortion referendum last year, the state's Republican attorney general said in a court filing Monday. The filing comes after abortion clinics asked a Hamilton County judge to throw out the law since Ohio voters decided to enshrine abortion rights in the state constitution last November.
They argue that under the new constitutional amendment, the law, which bans most abortions once fetal cardiac activity can be detected, is invalid. Attorney General Dave Yost, for the most part, agreed. However, the attorney general asked the court to only strike down the 'core prohibition' of the law — banning abortions after six weeks — and let other portions remain.
The ban, initially blocked through a federal legal challenge, briefly went into effect when the landmark 1973 Roe v. Wade decision was overturned in 2022. It was then placed back on hold in county court, as part of a subsequent lawsuit challenging it as unconstitutional under the Ohio Constitution, eventually reaching the state Supreme Court. In December 2023, the state's highest court dismissed an appeal brought by Yost's office ' due to a change in the law.
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