Ohio Can’t Appeal Block Against ‘Heartbeat’ Abortion Law, Court Rules

COLUMBUS, Ohio (AP) — Most abortion bans in Ohio remain blocked after the First District Court of Appeals denied the state’s appeal on Friday. Judge’s Temporary Block Legal.

The ruling concerns Ohio’s so-called “heartbeat” anti-abortion law, which makes the procedure illegal after the first heart activity is detected. It can be as early as six weeks pregnant before many people realize they are pregnant.

Preterm Cleveland and other Ohio abortion clinics are challenging the law as a violation of the Ohio Constitution.

The ruling allows the case to proceed in county court, which argues that the Ohio Constitution does not mention abortion and therefore does not protect abortion rights.

Hamilton County Common Petition Judge Christian Jenkins defeated that argument when he issued a preliminary injunction from the bench in October.

An earlier challenge to the constitutionality of Ohio law under the U.S. Constitution was dropped after the country’s ruling. Roe v. Wade ruled to legalize abortion in 1973 in june.

Rapid action by Republican Attorney General Dave Yost allowed the Ohio law signed in 2019 to take effect immediately following the U.S. Supreme Court decision, but a challenge under the state’s constitution was filed. It was for a short time.

Two different groups announced plans this week to pursue a ballot issue to permanently change Ohio’s constitution to protect abortion rights. Republicans in the state Capitol majority are trying to thwart that effort by raising the threshold for changing the constitution from a simple majority to a 60% supermajority.