Turning Point USA

An Ohio judge has permanently blocked the state’s six-week abortion ban, declaring it unconstitutional. 

The “Heartbeat Act,” signed into law in 2019 by Governor Mike DeWine, prohibited abortions once a fetal heartbeat is detected, usually around six weeks into pregnancy. The law could not be enforced initially because of protections under Roe v. Wade. However, it took effect in 2022 after the Supreme Court’s decision to overturn the infamous decision.

After the law was enforced for several months, a judge temporarily halted it in September 2022. The following year, Ohio voters approved an amendment that enshrined the right to abortion in the state’s constitution, effectively nullifying the “Heartbeat Act.”

Ohio Attorney General Dave Yost argued that certain provisions of the law, including a 24-hour waiting period and two in-person doctor visits, could still be enforced, The Hill reported. However, Judge Christian Jenkins of the Hamilton County Court of Common Pleas rejected this argument, striking down the law in its entirety, citing Ohio’s new constitutional protections.

“Unlike the Attorney General, this Court will uphold the Ohio Constitution’s protection of abortion rights,” Jenkins wrote. “The will of the people of Ohio will be given effect.”  

Judge Jenkins noted that if parts of the law remained, doctors performing abortions could face felony charges or risk losing their medical licenses. The decision has been welcomed by pro-abortion advocates, including Erica Wilson-Domer, CEO of Planned Parenthood of Greater Ohio, who said, “We are heartened that the six-week ban that previously left so many patients in Ohio without options to receive safe and convenient care has finally been struck down, and we look forward to continuing the work of expanding abortion access for all.”

The Ohio Attorney General’s office has confirmed it has 30 days to consider its next steps and will “review the Court’s order in accordance with that timeframe,” according to The Hill.