NRL News

Ohio Supreme Court agrees to dismisses challenge to Heartbeat Law, case returns to lower court judge to decide whether to temporarily block the law

by | Sep 12, 2022

By Dave Andrusko

This morning the Ohio Supreme Court acceded to a request by pro-abortion forces to dismiss the challenge to Ohio’s Heartbeat law brought in June “paving the way for a Hamilton County judge to rule on a request to temporarily block the law while it is sorted out in court,” Laura Hancock reported. Preterm Cleveland, among others, asked the state’s highest court to dismiss the case, arguing that the Ohio Supreme Court case was taking too long to get a decision.

“The Supreme Court’s dismissal means that the judge over the Hamilton County case can proceed with the matter in his courtroom,” Hancock reported. On September 2, “the abortion clinics filed a new case in the Hamilton County Court of Common Pleas, where they are seeking a temporary restraining order or preliminary injunction to prevent the law from being enforced while the question of whether the Ohio Constitution protects abortion rights is litigated.”

Last week Hamilton County Common Pleas Judge Christian Jenkins heard both sides make their case. According to Hancock

The abortion clinics argued that they needed a temporary restraining order to prevent the state from enforcing the law while the larger constitutional issues are argued and decided by Jenkins. An attorney working for Yost argued against the temporary block, saying the law doesn’t conflict with the Ohio Constitution and women are not in peril.

On June 24, the U.S. Supreme Court overturned Roe v. Wade. In a motion filed less than an hour after the Dobbs decision was released by the U.S. Supreme Court, Yost’s office asked to dissolve the injunction that kept the state abortion ban from going into effect in 2019 when it was passed by the Ohio General Assembly.

“Because there exists no just reason for delay, defendants respectfully request this court immediately dissolve the preliminary injunction and dismiss this case,” Yost wrote in the motion to the U.S. District Court for the Southern District of Ohio. The Court agreed.

Categories: Judicial