By Dave Andrusko
The Ohio Supreme Court has set September 27 as the day it will hear oral arguments on the state’s Heartbeat Law. Passed in 2019, the Heartbeat Law did not take effect until June 24, 2022 when the U. S. Supreme Court overturned Roe in its Dobbs vs. Jackson
Women’s health Organization.
However Hamilton County Common Pleas Court Judge Christian Jenkins put the law on hold on Wednesday, September 14th, 2022. It was further extended after the state Supreme Court, in a split decision, accepted the appeal by Attorney General Dave Yost.
According to Susan Tebben, the Ohio Attorney General’s office will contest a preliminary injunction from Judge Jenkins that “put a temporary stop to the six-week abortion ban implemented hours after the U.S. Supreme Court’s Dobbs decision that overturned Roe v. Wade.”
Attorney General Dave Yost appealed the case after a lower court said the preliminary injunction could stand, despite arguments from the state that the court did not have the jurisdiction to do so. The First District Court of Appeals also ruled that Ohio couldn’t appeal the decision of the Hamilton County court [Judge Jenkins], leading the AG’s office to appeal to the Ohio Supreme Court.
The state attorney, who said the appeals court created a precedent to allow trial courts “to hold state laws hostage,” is asking the high court to both allow the appeal, and allow the 6-week ban to be put back in place, as it was in effect “for months” before the state was sued to stop the ban from continuing.
Pro-abortion groups on the other side of the lawsuit argue the abortion ban should not be in place, and that the Hamilton County court preserved the “status quo” by putting a stop to the abortion ban while the case winds itself through the courts.
“A letter from 18 conservative state attorneys general week,” Arnold wrote, “backed Ohio’s Attorney General and the re-implementation of the six-week ban.”