ACLU and Planned Parenthood challenge Ohio's 'heartbeat' abortion ban in court
COLUMBUS, Ohio – Ohio abortion clinics have sued the state over a new law that would ban abortions as early as six weeks into a woman's pregnancy.
The ACLU of Ohio, as promised, filed a complaint in federal court in Cincinnati on Wednesday arguing Ohio's "heartbeat bill" signed April 11 by Gov. Mike DeWine is unconstitutional.
The lawsuit was filed in the U.S. District Court of Southern Ohio on behalf of Preterm-Cleveland, Planned Parenthood Southwest Ohio Region and four other Ohio abortion providers.
Senate Bill 23 prohibits abortions once a fetal heartbeat is detected – as early as six weeks into a woman's pregnancy with a transvaginal ultrasound or about ten weeks with an abdominal ultrasound. The law makes no exception for rape or incest but does allow abortion to prevent the woman's death or permanent injury to a major bodily function.
The law, named the Human Rights and Heartbeat Protection Act, takes effect July 11.
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Constitutional challenge
Chrisse France, executive director of Preterm-Cleveland, said the law effectively bans all abortion in Ohio. Pregnancy is measured by the number of weeks from a woman's last menstrual period. Six weeks into a pregnancy is about two weeks after a missed period, and many women might not know they're pregnant yet.
“[The law] tells women their personal decisions do not matter. It tells them that their futures do not matter,” France said at a news conference announcing the lawsuit. “It tells them that their past traumas do not matter and it tells them that they do not matter.”
ACLU attorneys argue the law is blatantly unconstitutional and completely undermines the U.S. Supreme Court decision in Roe v. Wade. The landmark case established a woman's right to an abortion under her constitutional right to privacy and solidified states' rights to regulate abortion at the point of viability, which is generally considered about 24 weeks into a pregnancy.
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Six weeks, the complaint says, is a pre-viability point: "At that point, no embryo is capable of surviving outside of the womb."
Six other states have passed heartbeat abortion bans. Bills have been struck down in courts in Iowa, Kentucky, Arkansas and North Dakota. Mississippi's law is also being challenged in court.
The Ohio abortion providers are seeking a hold on the law while it's argued in court.
The case has been assigned to Judge Michael Barrett, who was appointed by President George W. Bush in 2006.
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A possible Supreme Court challenge
Anti-abortion advocates welcome the challenge.
They think the composition of the courts has shifted in their favor so a different decision, possibly from the 6th Circuit Court of Appeals in Ohio, would force the U.S. Supreme Court to weigh in. They're hopeful Justice Brett Kavanugh will swing the court toward reversing Roe and the 1992 Planned Parenthood v. Casey decision.
"We believe that the court will look back at the wrongly decided Roe decision and overturn it, allowing each state to establish its own pro-life standards," Mike Gonidakis, president of Ohio Right to Life, said in a statement. "We’re confident that Ohio will continue to be on the forefront of protecting human dignity from conception until natural death."
Ohio Attorney General Dave Yost does not plan to hire outside counsel for the state's defense.
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What's the status of Ohio's other abortion lawsuits?
There are currently three other pending lawsuits challenging abortion restrictions enacted by the Ohio General Assembly.
Dilation and evacuation ban: Former Gov. John Kasich signed a law in December 2018 banning dilation and evacuation, a common second-trimester abortion method that involves dilating a woman's cervix and pulling the fetus out with surgical tools and suction. Supporters named it the "dismemberment ban."
On April 18, federal Judge Barrett blocked the state from enforcing the law before 18 weeks gestation or when a physician attempts to first cause "fetal demise" before the procedure. The case continues in the U.S. Southern District Court of Ohio in Cincinnati.
Down syndrome abortion ban: Kasich signed a law in 2017 that bans abortions sought because of a fetal diagnosis of Down syndrome. The law was blocked in district court in March 2018 and put on hold as the state appeals the decision to the U.S. 6th Circuit Court of Appeals. A three-judge panel heard oral arguments in the case in January.
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Planned Parenthood de-funding: A 2016 law prohibited state money for contraception, sexually transmitted disease testing and treatment, infant mortality efforts and other non-abortion related health programs from going to entities that contract or are affiliated with abortion providers.
Judge Barrett found the law unconstitutional, violating the First and Fourteenth Amendments. The 6th Circuit Court of Appeals reversed the decision on March 29. The Ohio Department of Health notified Planned Parenthood's 26 Ohio locations it would cease funding on April 20.
Follow Jackie Borchardt on Twitter: @JMBorchardt
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This article originally appeared on Cincinnati Enquirer: ACLU and Planned Parenthood challenge Ohio's 'heartbeat' abortion ban in court
