Many pro-life advocates remain hopeful that Ohio Attorney General Dave Yost will appeal a significant judicial decision as the passage of Ohio’s Issue 1 last November continues to impact the state’s abortion laws.
Hamilton County Court of Common Pleas Judge Alison Hatheway blocked several laws on August 29, including extending an existing ban on Ohio’s ban on telemedicine for chemical abortions, restrictions on non-physicians prescribing abortion pills, and limits on the use of mifepristone, the first drug in the two-drug chemical abortion process.
In addition, the Democrat judge is allowing medical professionals to prescribe mifepristone for purposes beyond chemical abortion, including “miscarriage management.”
Hatheway’s decision favors plaintiffs Planned Parenthood Southwest Ohio Region, abortion provider Dr. Sharon Liner, Planned Parenthood of Greater Ohio, Julia Quinn, a nurse practitioner, Women’s Med Group Professional Corporation, and abortion facility Pre-term Cleveland.
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Liner and Planned Parenthood of Greater Ohio had originally filed suit against the Ohio Department of Health and then later amended their complaint to add the other parties and make claims against the telemed abortion ban and bans on non-physician prescribing of abortion drugs and prescribing mifepristone off-label or otherwise outside “formulation set forth” by the FDA.
Ohio's law banning telemedicine abortions has been on hold since 2021 due to a temporary order. Recently, the lawsuit was updated to include the passage of Issue 1, along with objections to restrictions on mifepristone.
Hatheway pointed out that "the status quo shifted drastically" when Issue 1 became law in December.
Last November, Ohio voters approved a constitutional amendment (known as Issue 1) that guarantees the right to abortion, with 57% in favor.
This amendment received strong backing from out-of-state groups that spent millions promoting it. Supporters argued that without this change, important medical care for miscarriages and ectopic pregnancies could be threatened.
But these claims were factually misleading. Once approved, the amendment led to the dismantling of several existing laws.
Specifically, laws like the Heartbeat Act were overturned, allowing abortions for a wide range of reasons, including socioeconomic factors. It also eliminated the Down Syndrome Discrimination Law, which bans abortions based on the baby's gender, race, or a diagnosis (or possible diagnosis) of Down syndrome or any other disability.
Laws against partial-birth and dismemberment abortions, as well as the 20-week limit under the Pain-Capable Unborn Child Protection Act, were also struck down.
For the Pain-Capable Unborn Child Protection Act, violators can face a fine, up to five years in prison, or both. However, a woman who has an illegal abortion could not be charged under this bill, only the provider.
The amendment may also limit parents' ability to influence their child’s decisions about abortion, contraception, sterilization, or transgender treatment. That means children may be removed from the home and given these life-altering procedures regardless of how his or her mother and/or father feel.
Additionally, it prevents Ohio’s government from restricting access to abortion, saying the state can’t impose any "burden" on the process.
Tweet This: Ohio’s Issue 1 passed last November continues to impact the state’s abortion laws.
In the current case, the state declared the measures in question were designed for "the health and safety of all Ohioans."
But the judge disagreed, writing that passage of Amendment 1 “grants sweeping protections ensuring reproductive autonomy for patients in Ohio."
Just a few days before Hatheway’s ruling, a Franklin County judge also blocked Ohio’s 24-hour waiting period for abortions.
Along with blocking enforcement of the waiting period before a woman can have an abortion It also removed the rule that she must have two in-person doctor visits and that her doctor must explain the abortion procedure and the development of her unborn baby.
In other words, a woman can decide to abort her child and have the procedure the same day without having more time to consider the decision.
Women widely report regret after having an abortion.
One study found that 44% of women regretted their decision to have an abortion. They reported emotional issues like depression, feelings of loss, shame, and even discomfort being around babies. Of these women, 42% said the negative psychological effects lasted for 10 years or more.
While Ohio Attorney General Dave Yost has indicated he will appeal the waiting period ban he has not said whether he’ll appeal Hatheway’s decision.
