COLUMBUS, Ohio — The Attorney General of Ohio is set to challenge a court decision that invalidated the state’s most stringent abortion regulations.
A county judge made a ruling in October, concluding that a voter-approved amendment from the previous year, which safeguards reproductive rights, effectively rendered the state’s so-called heartbeat law unconstitutional.
This legislation prohibits the majority of abortions once cardiac activity is detected, which can occur as early as six weeks into a pregnancy—a timeline before many women are aware they are expecting.
Currently, enforcement of the heartbeat law had been suspended while it faced legal scrutiny.
On Friday, Attorney General Dave Yost, a member of the Republican Party, submitted an appeal notice to the court.
His office contends that there are aspects of the heartbeat law that the constitutional amendment does not address.
“Determining how to resolve conflicts between these two legal documents is the responsibility of the courts,” remarked Bethany McCorkle, Yost’s spokesperson.
In prior court documents, Yost acknowledged that the amendment effectively nullified the Ohio law prohibiting abortions but expressed intention to uphold some other features of the 2019 law, particularly specific notification and reporting requirements.
Judge Christian Jenkins from Hamilton County Common Pleas pointed out that maintaining those reporting and notification elements of the law would place abortion providers at risk of serious consequences—felony charges, financial penalties, suspension or loss of medical licenses, and civil lawsuits for wrongful deaths.
Additionally, the judge noted that patients would have to undergo two in-person consultations, endure a mandatory 24-hour waiting period before the procedure, and have their abortion data documented and reported to authorities.
This legal battle highlights the ongoing contentious debates surrounding abortion legislation and women’s reproductive rights in the state of Ohio.