The state argued Wednesday that the Ohio Supreme Court should restore the controversial six-week abortion ban ahead of the November ballot measure to legalize and protect abortion access.
Benjamin Flowers represented the state and Case Western Reserve University law professor Jessie Hill represented the ACLU of Ohio.Republican lawmakers passed the six-week abortion ban in 2019, which had no rape or incest exceptions. This law was blocked by a federal judge a few months later.
Generally, the law doesn't allow appeals in a preliminary decision, such as the Cincinnati courts. However, there are a few exceptions, Entin said."Every abortion that occurs, that would otherwise be prohibited, interferes irreparably with the state's interest in stopping that procedure from having happened," Flowers argued.2.
"An individual who is seeking to end a pregnancy is seeking very time-sensitive health care," Hill argued."They have a matter of weeks in which to bring that lawsuit, they may be dealing with other financial issues, other health care concerns...The providers have a concrete ongoing stake, personal stake, in the litigation and they are actually the better plaintiffs."If the Court says that there is an appealable order, then the case will go back to the appellate court.
The justices would be able to dismiss the case by determining it has no standing. This would reinstate the six-week ban. Pre-term-Cleveland physician Mae Winchester said this option would be the worst for Ohioans.This is why the November Issue 1 vote is so important, she said. Ohioans will choose if they have a right to abortion, contraception and fertility treatment.Anti-abortion advocate Austin Beigel said that he’s voting no because he doesn’t find any type of abortion access constitutional.
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