County Judge Strikes Down Ohio Abortion Ban, Citing Voter-Approved Reproductive Rights Amendment

[BumRushDaShow]

Last edited Thu Oct 24, 2024, 05:06 PM - Edit history (1)

Source: US News and World Report/AP

Oct. 24, 2024, at 4:49 p.m.


COLUMBUS, Ohio (AP) — The most far-reaching of Ohio’s laws restricting abortion was struck down on Thursday by a county judge who said last year’s voter-approved amendment enshrining reproductive rights renders the so-called heartbeat law unconstitutional.

Enforcement of the 2019 law banning most abortions once cardiac activity is detected — as early as six weeks into pregnancy, before many women know they’re pregnant — had been paused pending the challenge before Hamilton County Common Pleas Judge Christian Jenkins. Jenkins said that when the U.S. Supreme Court overturned Roe v. Wade and returned power over the abortion issue to the states, “Ohio’s Attorney General evidently didn’t get the memo.”

The judge said Republican Attorney General Dave Yost's request to leave all but one provision of the law untouched even after a majority of Ohio’s voters passed an amendment protecting the right to pre-viability abortion “dispels the myth" that the high court's decision simply gives states power over the issue.

“Despite the adoption of a broad and strongly worded constitutional amendment, in this case and others, the State of Ohio seeks not to uphold the constituional protection of abortion rights, but to diminish and limit it,” he wrote. Jenkins said his ruling honors voters' wishes. The ACLU of Ohio sued on behalf of a group of abortion providers in the state, the second round of litigation filed to challenge the law.

Read more: https://www.usnews.com/news/best-states/ohio/articles/2024-10-24/county-judge-strikes-down-ohio-abortion-ban-citing-voter-approved-reproductive-rights-amendment

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Short article at post time.

Article updated.

Original article -

Oct. 24, 2024, at 4:49 p.m.


COLUMBUS, Ohio (AP) — The most far-reaching of Ohio’s laws restricting abortion was struck down on Thursday by a county judge who said last year’s voter-approved amendment enshrining reproductive rights renders the so-called heartbeat law unconstitutional.

Enforcement of the 2019 law banning most abortions once cardiac activity is detected — as early as six weeks into pregnancy, before many women know they’re pregnant — had been paused pending the challenge before Hamilton County Common Pleas Judge Christian Jenkins.

[riversedge]

1. Longer article: Ohio's abortion law is unconstitutional after Issue 1 passage, judge rules

Ohio’s abortion law is unconstitutional after Issue 1 passage, judge rules

by: David Rees, Ava Boldizar

Posted: Oct 24, 2024 / 03:58 PM EDT

Updated: Oct 24, 2024 / 04:30 PM EDT


COLUMBUS, Ohio (WCMH) — An Ohio law that restricted most abortions is now unconstitutional given voters approved a reproductive rights amendment last November, a judge ruled on Thursday.


Hamilton County Common Pleas Court Judge Christian Jenkins said in the ruling that Ohio’s “Heartbeat Act” violates Issue 1, which enshrined the right of Ohioans to make decisions about abortion, contraception, fertility treatment, miscarriage care and pregnancy. Issue 1 passed last year with support from more than 56% of Ohio voters, then went into effect 30 days after.

“Ohio voters have spoken. The Ohio Constitution now unequivocally protects the right to abortion,” wrote Jenkins. “To give meaning to the voice of Ohio’s voters, the amendment must be given full effect, and laws such as those enacted [the act] must be permanently enjoined.” ...............................


“In November, Ohioans unequivocally rejected politicians’ attempts to ban abortion, and today’s ruling is a step in the right direction to protect the right for all people in our state to make decisions over their own personal medical decisions,” said Erica Wilson-Domer, CEO of Planned Parenthood of Greater Ohio.
https://www.nbc4i.com/news/local-news/central-ohio-news/ohios-abortion-law-is-unconstitutional-after-issue-1-passage-judge-rules/

[GB_RN]

2. Good!

Glad there are a few judges out there who don’t just make shit up so they can get the (ideological) outcome they’d prefer (cough*Uncle Slappy*cough*Roberts*cough…)

[wolfie001]

3. A real Judge doing real Judging!!!

Not that white christian supremacist sh7t performed often by the Supreme Sucky Six. How's that for some legalise?

[Hermit-The-Prog]

4. Republicans hate voters; they just want to rule.

[slightlv]

5. Wow, A judge who actually says "states rights mean states rights" and the people have spoken.

It's so funny how when the voters speak through these amendments and pass the right to bodily autonomy, the leaders of the states keep trying to amend it, saying the voters didn't know what they were doing, or some such junk. The "States" never give up trying to vilify the voters who voted for the amendment, and get it changed back to "no abortion... ever." Kansas is still trying to figure a way out of our loud, over whelming response to them.

[Hermit-The-Prog]

6. Voters need to be constantly reminded that Republicans seek to suppress and circumvent voters.

[republianmushroom]

7. Thank you, Judge Christian.