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Abortion Ohio
FILE - Supporters of Issue 1 attend a rally for the Right to Reproductive Freedom amendment held by Ohioans United for Reproductive Rights at the Ohio State House in Columbus, Ohio, Oct. 8, 2023. (AP Photo/Joe Maiorana, File)

County judge strikes down Ohio abortion ban, citing voter-approved reproductive rights amendment

A judge has permanently blocked enforcement of Ohio's ban on virtually all abortions

By JULIE CARR SMYTH
Published - Oct 24, 2024, 06:13 PM ET
Last Updated - Dec 16, 2024, 05:59 PM EST

COLUMBUS, Ohio (AP) — The most far-reaching of Ohio’s laws restricting abortion was struck down on Thursday by a county judge who said last year’s voter-approved amendment enshrining reproductive rights renders the so-called heartbeat law unconstitutional.

Enforcement of the 2019 law banning most abortions once cardiac activity is detected — as early as six weeks into pregnancy, before many women know they’re pregnant — had been paused pending the challenge before Hamilton County Common Pleas Judge Christian Jenkins.

Jenkins said that when the U.S. Supreme Court overturned Roe v. Wade and returned power over the abortion issue to the states, “Ohio’s Attorney General evidently didn’t get the memo.”

The judge said Republican Attorney General Dave Yost's request to leave all but one provision of the law untouched even after a majority of Ohio’s voters passed an amendment protecting the right to pre-viability abortion “dispels the myth" that the high court's decision simply gives states power over the issue.

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