Ohio AG Dave Yost asks Ohio Supreme Court to reinstate Heartbeat Law

By Dave Andrusko

Ohio Attorney General Dave Yost has asked the Ohio Supreme Court to reinstate the state’s Heartbeat Law which Hamilton County Common Pleas Court Judge Christian Jenkins put on hold indefinitely on September 14th, 2022, making abortion legal once again through 22 weeks of pregnancy.

Jenkins issued the injunction from the bench after a daylong hearing. The Associated Press’ Julie Carr Smyth wrote

“In impassioned remarks announcing his decision, Jenkins knocked the state’s arguments that the Ohio Constitution doesn’t ever mention abortion and so doesn’t protect the right to one. He said a right doesn’t have to be named to be protected. 

“This court has no difficulty holding that the Ohio Constitution confers a fundamental right on all of Ohioans to privacy, procreation, bodily integrity and freedom of choice in health care decision-making that encompasses the right to abortion.” 

Judge Jenkins added, “Ohio’s constitution specifically and unambiguously recognized as fundamental the right to liberty … and the right to seek and obtain safety.”

Yost’s office challenged that decision, “but the 1st District Court of Appeals rejected the appeal as premature,” according to Jessie Balmert  of the Cincinnati Enquirer.” Now, Yost’s office is asking the Ohio Supreme Court to weigh in.”

Yost argues there is no right to abortion in the state constitution. Balmert writes

The filing describes abortion as a “morally contentious issue on which well-meaning citizens hold deeply felt, irreconcilable views.”

“By deciding whether the Ohio Constitution takes this issue from the democratic process, the court can clarify Ohio’s ability to regulate abortion so as to address these competing interests,” Flowers wrote.