Ohio AG argues some of state's abortion ban may still be constitutional

Some portions of Ohio's ban on most abortions might not need to be tossed out even though voters approved new language protecting abortion access, Ohio's attorney general argued in a Friday filing.

Ohioans voted in November to enshrine access to abortion and other reproductive rights in the state constitution, pushing back against decades of GOP restrictions and shoring up protections more than a year after the U.S. Supreme Court overturned Roe v. Wade.

On Friday, the state asked a Hamilton County, Ohio judge to dismiss a lawsuit challenging the state's ban on abortions after embryonic cardiac activity is detected, which occurs after about six weeks gestation. The position confused attorney Jessie Hill, who represents abortion clinics challenging the law.

Hill said there's no question that the entire law is unconstitutional after voters approved "Issue 1" in November. "It's disappointing that they couldn't just come out and say that," Hill said.

Ohio Attorney General Dave Yost had said in a legal analysis his office distributed before the November election: "Some of Ohio’s laws may be defensible, but the Heartbeat Act would not exist if Issue 1 passes."

But Yost's office said it's up to judges to decide what aspects of this law and other abortion restrictions are unconstitutional after the November vote.

"The court needs to consider each individual provision on its own and determine whether it does or does not violate the provisions incorporated into the constitution by Issue 1," Yost spokeswoman Bethany McCorkle said Friday. "Issue 1 doesn't say the state absolutely has no right to regulate reproductive rights."

The new voter-approved standard protects access to abortion through viability, which is about 24 weeks gestation. An abortion could be performed later if a doctor determines it's necessary to save a pregnant patient's life or health.

The abortion ban in question is currently on hold after Hamilton County Common Pleas Court Judge Christian Jenkins blocked it in September 2022. The law was in effect for 82 days after the U.S. Supreme Court overturned Roe v. Wade and sent decisions about abortion back to state lawmakers and judges.

Jenkins will hear legal arguments from both sides and make a decision.

Read the Ohio Attorney General's Office finding:

Final Preterm Cleveland Answer for Filing by Jessie Balmert on Scribd

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 AG says provisions in abortion ban could be constitutional