Order blocking enforcement of Ohio abortion ban stands after high court dismisses appeal

Dec 16, 2023, 10:26 AM | Updated: 11:02 am

COLUMBUS, Ohio (AP) — The Ohio Supreme Court has dismissed the state’s challenge to a judge’s order that has blocked enforcement of Ohio’s near-ban on abortions for the past 14 months.

The ruling moves action in the case back to Hamilton County Common Pleas, where abortion clinics asked Judge Christian Jenkins this week to throw out the law following voters’ decision to approve enshrining abortion rights in the state constitution.

The high court on Friday said the appeal was “ dismissed due to a change in the law.”

The justices in March agreed to review a county judge’s order that blocked enforcement of the abortion restriction and to consider whether clinics had legal standing to challenge the law. They ultimately denied Republican Attorney General Dave Yost’s request that they launch their own review of the constitutional right to abortion, leaving such arguments for a lower court.

The clinics asked Jenkins on Thursday to block the abortion ban permanently on the heels of the amendment Ohio voters approved last month that ensures access to abortion and other reproductive health care.

A law signed by Republican Gov. Mike DeWine in April 2019 prohibited most abortions after the first detectable “fetal heartbeat.” Cardiac activity can be detected as early as six weeks into pregnancy, before many women know they are pregnant.

The ban, initially blocked through a federal legal challenge, briefly went into effect when the landmark 1973 Roe v. Wade decision was overturned last year. It was then placed back on hold in county court, as part of a subsequent lawsuit challenging it as unconstitutional under the state constitution.

Yost’s office referred to a statement from Dec. 7 that “the state is prepared to acknowledge the will of the people on the issue, but also to carefully review each part of the law for an orderly resolution of the case.”

The abortion providers asked the lower court that initially blocked the ban to permanently strike it down. They cited Yost’s own legal analysis, circulated before the vote, that stated that passage of the amendment would invalidate the state’s six-week ban, stating, “Ohio would no longer have the ability to limit abortions at any time before a fetus is viable.”

United States News

Associated Press

Southern New Mexico wildfire leads to evacuation of village of 7,000

RUIDOSO, N.M. (AP) — Residents of a village in southern New Mexico were ordered to flee their homes Monday without taking time to grab any belongings due to a fast-moving wildfire. “GO NOW: Do not attempt to gather belongings or protect your home. Evacuate immediately,” officials with Ruidoso, a village home to 7,000 people, said […]

4 hours ago

A sign outside the Internal Revenue Service building is seen, May 4, 2021, in Washington. The gover...

Associated Press

The IRS plans to end another major tax loophole for the wealthy, could raise $50 billion in revenue

The Internal Revenue Service plans to end another major tax loophole that could raise more than $50 billion in revenue over the next decade.

7 hours ago

President Joe Biden meets with NATO Secretary General Jens Stoltenberg in the Oval Office at the Wh...

Associated Press

President Biden to announce deportation protection and work permits for those married to US citizens

President Biden is planning to announce a sweeping new policy that would lift the threat of deportation for those married to U.S. citizens.

8 hours ago

Associated Press

Former GOP Rep. George Nethercutt, who defeated House Speaker Tom Foley in 1994, dies at 79

SEATTLE (AP) — Former U.S. Rep. George Nethercutt, who was a Spokane lawyer with little political experience when he ousted Democratic Speaker of the House Tom Foley as part of a stunning GOP wave that shifted national politics to the right in 1994, has died. He was 79. Nethercutt died Friday near Denver of progressive […]

8 hours ago

Associated Press

Convicted killer of California college student Kristin Smart ordered to pay $350k in restitution

SAN LUIS OBISPO, Calif. (AP) — A California judge ruled Monday that a man convicted of killing 19-year-old college student Kristin Smart in 1996 must pay just over $350,000 to her family for costs they incurred after her death. Monterey County Superior Court Judge Jennifer O’Keefe ordered Paul Flores to make the payments after a […]

9 hours ago

Associated Press

Central African Republic faces increased rebel activity and spillover from Sudan war, UN experts say

UNITED NATIONS (AP) — Activities of armed groups in the volatile Central African Republic have increased, complicating a security landscape that has seen a spillover of the conflict in neighboring Sudan, U.N. experts warn in a new report. The panel of experts cite confirmed reports of air raids by the Sudanese military around border areas […]

9 hours ago

Sponsored Articles


Condor Airlines

Condor Airlines can get you smoothly from Phoenix to Frankfurt on new A330-900neo airplane

Adventure Awaits! And there's no better way to experience the vacation of your dreams than traveling with Condor Airlines.



Here are 5 things Arizona residents need to know about their HVAC system

It's warming back up in the Valley, which means it's time to think about your air conditioning system's preparedness for summer.


Collins Comfort Masters

Here’s 1 way to ensure your family is drinking safe water

Water is maybe one of the most important resources in our lives, and especially if you have kids, you want them to have access to safe water.

Order blocking enforcement of Ohio abortion ban stands after high court dismisses appeal