After an Ohio judge blocked abortion ban, lawmakers want to speed up appeals

After judges blocked Ohio laws restricting abortion and gender-affirming care for transgender minors, lawmakers want to speed up appeals when state laws are put on hold.

A last-minute change to House Bill 301 would allow Ohio Attorney General Dave Yost to appeal judges' decisions to block state laws and regulations immediately. Some judges have ruled that temporary restraining orders and preliminary injunctions cannot be appealed until the case is finished, which is often months or years later.

"This way a single local judge can’t tie up a state law for months before a trial even takes place, and the state can immediately ask the court of appeals to review," said Sen. Nathan Manning, R-North Ridgeville. He noted that individuals often shop for liberal or conservative judges to ensure a favorable ruling.

But Freda Levenson, legal director for the American Civil Liberties Union of Ohio, said this change would have proved "disastrous" if it had been in effect when opponents challenged Ohio's ban on most abortions.

Without a preliminary injunction granted in 2022, "we would still be living under the horrors of the six-week ban," Levenson said.

Sen. Paula Hicks-Hudson, D-Toledo, objected to the change because it could hamper the ability to challenge state laws. And Ohioans didn't have a chance to weigh in on it.

"This is not necessarily the best way to be making laws," Hicks-Hudson said. Despite Democrats' objections, the bill passed the Ohio Senate, 23-7, and later cleared the Ohio House.

The Ohio Supreme Court recently agreed to review whether these decisions could be immediately appealed. The case involves gun restrictions that Columbus passed in 2022, including a ban on high-capacity magazines and penalties for those who leave guns unsecured.

Yost agreed that Columbus should be able to appeal the case − while disagreeing that the city had the authority to pass gun restrictions. However, Ohio lawmakers' latest change wouldn't apply to city ordinances like Columbus' gun policy.

“Preliminary injunctions must be appealable to ensure justice,” Yost said. “This brief underscores that both the state and cities need the right to an immediate appeal when their laws are enjoined.”

Jessie Balmert is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

This article originally appeared on Cincinnati Enquirer: Ohio lawmakers want to speed up appeals when state laws are blocked