Ohio judge strikes down state's 6-week abortion ban as unconstitutional

An Ohio judge issued a imperishable injunction connected Thursday, striking down the state's six-week termination instrumentality arsenic a full portion citing the state's law amendment.

"Ohio voters person spoken," Hamilton County Common Pleas Judge Christian Jenkins wrote successful the filing. "The Ohio Constitution present unequivocally protects the close to abortion."

"This is simply a momentous ruling, showing the powerfulness of Ohio’s caller Reproductive Freedom Amendment successful practice," Jessie Hill, cooperating lawyer for the ACLU of Ohio, said successful a statement. "The six-week prohibition is blatantly unconstitutional and has nary spot successful our law."

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The suit was initially filed against Republican Ohio Attorney General Dave Yost by the ACLU and Planned Parenthood connected behalf of abortion providers arsenic a effect of Ohio's 2019 instrumentality banning abortions arsenic aboriginal arsenic six weeks. 

The suit was initially filed against Republican Ohio Attorney General Dave Yost by the ACLU and Planned Parenthood connected behalf of termination providers. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

The instrumentality was allowed to concisely spell into effect successful 2022 aft the Dobbs v. Jackson Women's Health Organization decision. The tribunal past issued a impermanent restraining bid connected the instrumentality and aboriginal extended the bid for 2 much weeks. Following a proceeding successful October 2022, the tribunal issued a preliminary injunction bid that remained successful effect up until the imperishable injunction bid was issued connected Thursday. 

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In 2023, Ohio voters approved a law amendment enshrining termination rights into the state's constitution. In airy of the amendment, Yost conceded that parts of the law were unconstitutional — peculiarly the six-week proviso — portion arguing to uphold others. 

In 2023, Ohio voters approved a law amendment enshrining termination rights into the state's constitution. (Getty Images)

"For adjacent aft a ample bulk of Ohio voters — presumably some women and men — approved an amendment to the Ohio Constitution protecting the close to pre-viability termination connected November 7, 2023, the Attorney General urges this Court to permission ‘untouched’ each but 1 proviso of the truthful called ‘Heartbeat Act’ intelligibly rejected by Ohio voters," Jenkins wrote. 

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Jenkins disagreed with Yost, penning that if the tribunal were to follow Yost's argument, "Ohio doctors who supply termination attraction would proceed to beryllium astatine hazard of felony transgression charges."

"Ohio voters person spoken," Hamilton County Common Pleas Judge Christian Jenkins wrote successful the filing. (Andrew Spear/Getty Images)

Jenkins besides stated that upholding definite provisions of the instrumentality would inactive necessitate patients seeking abortions to "make 2 in-person visits to their provider, hold twenty-four hours to person termination care, reappraisal state-mandated accusation designed to discourage termination and person the crushed for their termination recorded and reported."

"This dispels the story that the U.S. Supreme Court's determination successful Dobbs v. Jackson Women's Health Org. simply returns the contented of termination to the states," the filing read. 

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"This is simply a precise long, analyzable determination covering galore issues, galore of which are issues of archetypal impression," Yost's bureau said successful a connection to Fox News Digital. 

Yost's bureau said the authorities has 30 days "to find adjacent steps" and would "review the Court's bid successful accordance with that timeframe."

The Associated Press contributed to this report.