In Columbus, Ohio, the courts have once again intervened to block two more laws in the state that restricted abortions. The legal ramifications of a 2023 constitutional amendment ensuring access to the procedure are continuing to unfold
Judge Alison Hatheway of Hamilton County Common Pleas issued a preliminary injunction on Aug. 29 that extends a previous order temporarily preventing the enforcement of a law that banned the use of telemedicine in medication abortions. This injunction also stops another law that prohibited non-doctors, including midwives, advanced practice nurses, and physician assistants, from prescribing the abortion pill mifepristone
This recent decision by Hatheway follows another judge’s ruling in Columbus that blocked Ohio from enforcing several laws that had collectively created a 24-hour waiting period for individuals seeking abortions. The possibility of appeals by the state could lead to the Ohio Supreme Court, where the issue of abortion is considered crucial, especially with the upcoming elections that could determine the partisan control of the court
Judge Hatheway mentioned in her order that the implementation of the 2023 constitutional amendment had significantly altered the legal landscape and likely rendered many existing abortion restrictions in Ohio unconstitutional. She rejected the state’s argument that the laws were necessary for the health and safety of Ohioans, stating that they did not align with the new legal standards. Lawyers representing Planned Parenthood Southwest Ohio Region and other clinics were deemed likely to succeed in their challenge against the Ohio Department of Health
According to Peter Range, a senior fellow at Ohio’s Center for Christian Virtue, organizations like the ACLU of Ohio and Planned Parenthood are aiming to eliminate common-sense laws that protect mothers and babies, advocating instead for unrestricted access to abortion. The recent ruling against the abortion laws is viewed as another step towards unregulated access to abortion
The law in Ohio that targeted telemedicine abortions, which allow individuals to receive the procedure at home while consulting with a medical provider remotely, had been temporarily halted since 2021 under a separate order. The lawsuit challenging this law was later modified to include the impact of the new constitutional amendment known as Issue 1, along with objections to the mifepristone restriction. This reproductive rights amendment was approved by nearly 57% of Ohio voters, ensuring every individual’s right to make their own reproductive decisions.
