The Importance of the Ohio Supreme Court
By: Mel M, WIN Member/Communications Facilitator


     We thought we had taken care of the outrageous abortion laws in Ohio when we voted last year to enshrine reproductive health rights in the Ohio Constitution. I’m sorry to tell you that we were wrong.  We continue to have many restrictions in Ohio that violate the reproductive freedom amendment.  These restrictions must be removed by the Ohio Legislature or make their way to the Ohio Supreme Court.


     Do you believe that the current gerrymandered, Republican-dominated legislature will vote to repeal the abortion related laws? I don’t. That leaves the court system, with the final decisions in the hands of the Ohio Supreme Court. 

      In recent months we have had two successes at overturning the unconstitutional legislation.  As reported in the Associated Press:


      Last month Hamilton County Common Pleas Judge Alison Hatheway issued a preliminary injunction that extends an existing order temporarily halting enforcement of a law banning use of telemedicine in medication abortions. It also blocks another law prohibiting non-doctors — including midwives, advanced practice nurses and physician assistants — from prescribing the abortion pill mifepristone used in abortions.

     Franklin County Common Pleas Judge David C. Young said the language of last year’s Issue 1 was “clear and unambiguous.” He found that attorneys for Preterm-Cleveland and the other abortion clinics and physician who sued clearly showed “that the challenged statutes burden, penalize, prohibit, interfere with, and discriminate against patients in exercising their right to an abortion and providers for assisting them in exercising that right.” The rules that were challenged included a 24-hour waiting period requirement, the requirement for an in-person visit and several state mandates requiring those seeking abortions to receive certain information. Young said the provisions don’t advance patient health. 


     Of course, Republican Attorney General Dave Yost said he would appeal.