Ohio AG appeals court decision blocking 6-week abortion ban

 Ohio’s attorney general said on Wednesday he would appeal an October injunction that prohibited state officials from enforcing a six-week abortion ban, according to the Associated Press. 

Republican Dave Yost filed a notice of appeal on Friday seeking to overturn a ruling that upheld state voter’s amendment to enshrine abortion rights. 

“It is up to the courts to determine how conflicts between those two documents are resolved,” Bethany McCorkle, a spokesperson for Yost, told the AP.

The case originally stemmed from a law signed by Gov. Mike DeWine (R) in 2019 that was not enforceable until 2022, after Roe v. Wade was repealed by the Supreme Court. It prevented women from having a medical abortion after doctors detect a heartbeat which normally occurs six weeks into a pregnancy. There were no exceptions for rape or incest. 

The following year voters passed a ballot measure to protect abortion rights for state citizens. Judge Christian Jenkins of the Hamilton County Court of Common Pleas then determined DeWine’s state law was unconstitutional and therefore unenforceable.

“Unlike the Attorney General, this Court will uphold the Ohio Constitution’s protection of abortion rights,” he wrote. “The will of the people of Ohio will be given effect.” 

https://thehill.com/policy/5013151-ohio-ag-appeals-court-decision-blocking-6-week-abortion-ban/