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Judge rules to extend block on Ohio's 'heartbeat' abortion ban

Ohio's legislature sends heartbeat bill to governor in surprise vote
Posted at 11:51 AM, Oct 07, 2022
and last updated 2022-10-08 00:44:05-04

COLUMBUS, Ohio — An Ohio judge on Friday extended the block on the state's law banning virtually all abortions in the state.

The court entered a preliminary injunction, which maintains the pause on Ohio's "Heartbeat Law" through the remainder of the lawsuit challenging it.

In his ruling, Hamilton County Judge Christian Jenkins said there is no dispute that abortion is a medical procedure and is healthcare.

Reacting to the court ruling, Planned Parenthood, ACLU and other entities released a statement.

“We are thrilled with this second major victory and relieved that patients in Ohio can continue to access abortion as we work to fight this unjust and dangerous ban in court. The preliminary injunction will be in place for the duration of our case, which means abortions will be legal in Ohio for a period much, much longer than the temporary restraining order granted. This court ruling will provide significant relief to Ohio patients and clinics," the statement said. “We’ve already had a glimpse of the harm caused by Senate Bill 23 when it was in effect this summer, and we can’t go back. Ohioans deserve far better than the chaos and confusion that we’ve seen since the U.S. Supreme Court stripped us of our federal constitutional right to an abortion. We will continue to use every tool at our disposal to fight for and protect Ohioans’ rights as guaranteed by the Ohio Constitution. We will now work to secure a permanent injunction.”

Ohio Right to Life also released a statement in reaction to the court ruling.

"We are saddened yet not surprised by this so-called decision. The abortion clinics literally forum shopped to get the outcome they wanted. This is a moment in time for the pro-life movement and we are convinced that the Ohio Supreme Court will overturn this ruling," Ohio Right to Life President, Mike Gonidakis, said in the statement. "Nowhere in Ohio's Constitution does a right to an abortion exist. We have waited 50 years for the United States Supreme Court to overturn Roe v. Wade. Rest assured we can wait a few more months for the Ohio Supreme Court to do the same. Soon Ohio will be free of the abortion procedure which caused the deaths of over 21,000 babies last year."

The law had taken effect in June after the U.S. Supreme Court overturned Roe v Wade and its longstanding federal abortion rights protections. The law was previously paused by Jenkins through Oct. 12.

The pause — and now extension of that pause — allows abortions through 20 weeks gestation to continue, which is in keeping with Ohio's law in place prior to the supreme court's June decision.

In court Friday, lawyers challenging the law called on witnesses to detail the difficulties women face seeking abortions out of state.

"When the standard of care had been to provide abortion services when patients request abortion services and you can no longer do that, I think doctor's don't know what the standard of care is in Ohio anymore," Dr. Steven Ralston, a witness said.

Lawyers argued this led doctors to not provide abortions for fear of prosecution.

On the other side, the state brought up a medical ethics expert to testify that life begins at conception and protection of the fetus must be considered.

"The idea that--as it's commonly represented--that nobody knows when human life begins is patently false because it is clear from biology and in particular, embryology that human life indeed begins at conception," Dr. Dennis Sullivan, a witness said.

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Planned Parenthood, ACLU sue the State of Ohio over 'Heartbeat Bill'