Ohio abortion law court cases moving slowly forward after amendment

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Columbus News

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2024 Election has candidates taking stances on amendment passed by voters, Ohio law, and potential national ban

The following article was originally published in the Ohio Capital Journal and published on News5Cleveland.com under a content-sharing agreement.

Most recently, Ohio Attorney General Dave Yost filed his opposition to a request in a Franklin County court by abortion providers that would pause a 24-hour waiting period required in state law before an abortion can be conducted, among other laws the suit challenges. “Just as it is the state government’s duty to respect the will of the people by conceding the invalidity of a statutory provision that conflicts with the current language of the Ohio Constitution, it is also the state governor’s duty to respect the will of the people by defending statutory provisions that the amendment does not invalidate against meritless attack,” Yost’s office said in the court filing last week.

Because the amendment was enacted to restore the rights from the national abortion legalization in Roe v. Wade, which was overturned in the U.S. Supreme Court’s Dobbs decision of June 2022, and not the laws of the state related to abortion, “these laws remain valid under the amendment,” the attorney general claims.

Abortion and the 2024 general election The General Assembly election and the race for the U.S. Senate seat that Sen. Sherrod Brown currently holds could become a referendum on how Ohioans feel about abortion and the candidates’ stances on it. Most recently, the incumbent up for reelection in the 41st House district, state Rep. Josh Williams, R-Sylvania, introduced a bill that would keep state funds from going to “any entity that supports, promotes or provides abortions,” even threatening to withhold local government funds from municipalities found to reimburse for abortion services. It’s been assigned to the Ohio House Government Oversight Committee, but has yet to receive a hearing.

Dr. Courtney Kerestes, an OB/GYN practicing in Columbus and a member of Physicians for Reproductive Health said there is “no medical significance” to the 15th week as a landmark to ban abortion, but sees the marker as merely a talking point to bolster supporters against abortion rights. The Mississippi case that would become the Dobbs case through which the U.S. Supreme Court overturned Roe v. Wade involved a 15-week ban.

 

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