© 2024 Blaze Media LLC. All rights reserved.
Federal judge blocks Ohio heartbeat law, citing an 'insurmountable' barrier to abortion
July 05, 2019
Earlier this week, a federal judge blocked Ohio's pro-life "heartbeat law" from taking effect as planned.
Ohio's law bans abortion at six weeks, the point where an unborn child's heartbeat can be detected. A federal judge appointed by George W. Bush ruled Wednesday that that restriction ran up against Supreme Court precedent set in case of Planned Parenthood vs. Casey, under which states cannot impose an "undue burden" on abortion access.
"This Court concludes that [the 'heartbeat law'] places an 'undue burden' on a woman’s right to choose a pre-viability abortion, and, under Casey, Plaintiffs are certain to succeed on the merits of their claim," Judge Michael R. Barrett ruled on Wednesday.
Barrett also wrote that the law "will have the effect of preventing nearly all abortions in Ohio" and therefore, "One could characterize the obstacle Ohio women will face as not merely 'substantial,' but, rather, 'insurmountable.'"
The American Civil Liberties Union, which joined with abortion provider Planned Parenthood's legal efforts on the case, celebrated Wednesday's court order.
"Abortion bans like this one have been blocked across the country by numerous courts,” Freda Levenson, legal director for the ACLU of Ohio, said in a statement. “Today the Court has upheld the clear law: women in Ohio (and across the nation) have the constitutional right to make this deeply personal decision about their own bodies without interference from the State."
“Today’s ruling keeps abortion legal for all Ohioans, but we know the fight does not stop there," added abortion clinic Preterm-Cleveland executive director Chrissy France. "We will continue to fight for all women and people who can become pregnant to have access to abortion care."
Barrett's ruling went on to say, however, that plaintiffs' arguments that Ohio “is making a deliberate effort to overturn Roe and established constitutional precedent” would have to "be made to a higher court."
And that's just the kind of fight that the state's Republican Governor Mike DeWine was expecting.
“Governor DeWine has long believed that this issue would be decided by the United States Supreme Court,” spokesman Dan Tierney told Reuters in an email after Wednesday’s court order.
After similar bills faced two vetoes from former Ohio Governor John Kasich, DeWine signed the heartbeat bill into law in April. Ohio is one of several states that have passed sweeping pro-life laws this year — much to the chagrin and dismay of abortion proponents nationwide.
#mc_embed_signup{background:#fff; clear:left; font:14px}
/* Add your own MailChimp form style overrides in your site stylesheet or in this style block.
We recommend moving this block and the preceding CSS link to the HEAD of your HTML file. */
Want to leave a tip?
We answer to you. Help keep our content free of advertisers and big tech censorship by leaving a tip today.
Want to join the conversation?
Already a subscriber?
Nate Madden
Nate is a former Congressional Correspondent at Blaze Media. Follow him on Twitter @NateOnTheHill.
more stories
Sign up for the Blaze newsletter
By signing up, you agree to our Privacy Policy and Terms of Use, and agree to receive content that may sometimes include advertisements. You may opt out at any time.
© 2024 Blaze Media LLC. All rights reserved.
Get the stories that matter most delivered directly to your inbox.
By signing up, you agree to our Privacy Policy and Terms of Use, and agree to receive content that may sometimes include advertisements. You may opt out at any time.