An Ohio judge on Friday blocked the state’s enforcement of several abortion-related laws, including one requiring a waiting period of at least one day before performing the procedure. The judge paused the action pending a lawsuit challenging the constitutionality of those laws.
The lawsuit is based on a recently passed constitutional amendment protecting reproductive rights. The laws likely cannot remain in place once the amendment takes effect “because there is no evidence or proof that they are the least restrictive means of promoting the health of individuals consistent with generally accepted and evidence-based standards of care,” Franklin County District Court Judge David C. Young wrote in his preliminary injunction.
The ruling is a major victory for abortion advocates in the Buckeye State. It comes less than a year after voters in the increasingly Republican state overwhelmingly approved the reproductive rights bill. Supporters and opponents of the amendment, which passed as Item 1, have said political and practical realities will likely require judges and the Republican-controlled Ohio Supreme Court to decide which laws must be struck down and which can remain in place.
In addition to the waiting period law, Young blocked another law that goes along with the waiting period and says patients must have a separate in-person appointment before getting an abortion. The judge also blocked a law that says abortion providers must provide patients with certain information, including when fetal cardiac activity is detected, the medical risks of an abortion, the likelihood of carrying a pregnancy to term, and family planning literature.
“The constitutional rights of plaintiffs and their patients are threatened,” Young wrote. “Therefore, irreparable harm is believed to have been caused.”
The injunction stems from a lawsuit filed by abortion providers in March and is separate from a challenge to a state law that effectively bans abortions after six weeks of pregnancy. A Hamilton County Common Pleas Court judge blocked implementation of that law while the lawsuit is pending and has not yet decided whether to permanently overturn it for violating the state constitution.
“This is a historic victory for abortion patients and for all Ohio voters who expressed support for the constitutional amendment protecting reproductive freedom and bodily autonomy,” B. Jessie Hill, a co-authored attorney with the ACLU of Ohio Foundation representing abortion providers, said in a press release. She added that the ruling “is the first step toward removing unnecessary barriers to care.”
A spokeswoman for Attorney General Dave Yost (R), a defendant whose office represented all of the state officials named in the lawsuit, said in a statement that they intend to appeal.
The spokeswoman said: “We have heard the voice of the people and recognize that reproductive rights are now protected in our Constitution.” At the same time, she described the law’s requirements as “essential safeguards designed to ensure that women receive the right care and can make voluntary decisions.”
The doctors and clinics are also represented by the American Civil Liberties Union, the Planned Parenthood Federation of America and Covington & Burling LLP.
Michael Bloomberg donated $2 million to the main pro-Issue 1 group in 2023. Planned Parenthood also received funds from Bloomberg Philanthropies, the charity founded by Michael Bloomberg. Bloomberg Law is operated by companies controlled by Michael Bloomberg.
The case is Preterm-Cleveland v. Yost, Ohio Ct. Com. Pl., No. 24 CV 002634, 8/23/24.
