State of Ohio files notice of appeal to judge’s block on ‘heartbeat’ law

COLUMBUS — Just days after a Hamilton County judge ruled for a permanent hold on Ohio’s Heartbeat Law, state of Ohio officials announced they will be taking legal action.

The Ohio Attorney General’s Office announced Wednesday that the state of Ohio filed a notice of appeal of the Hamilton County Common Pleas Court’s preliminary injunction.

The State’s brief will be filed under the schedule dictated by Ohio law after the trial court record is filed, Bethany McCorkle, Communications Director for the Attorney General, said.

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Hamilton County Common Pleas Court Judge Christian Jenkins granted the permanent injunction on Oct. 7, blocking a ban on virtually all abortions. The decision was made after hearing arguments from both sides during a preliminary injunction hearing.

It is “simply wrong” to argue that a “right does not exist because it is not specifically listed in the (U.S.) Constitution,” Jenkins said, according to the Associated Press.

Following the decision on Oct. 7, leaders from Planned Parenthood Federation of America, Planned Parenthood of Greater Ohio, Planned Parenthood Southwest Ohio, the American Civil Liberties Union, ACLU of Ohio, Preterm-Cleveland, Women’s Med Group Professional Corporation, Northeast Ohio Women’s Center, Toledo Women’s Center, and Dr. Sharon Liner issued a joint statement saying the ruling would “provide significant relief to Ohio patients and clinics.”

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“We’ve already had a glimpse of the harm caused by Senate Bill 23 when it was in effect this summer, and we can’t go back. Ohioans deserve far better than the chaos and confusion that we’ve seen since the U.S. Supreme Court stripped us of our federal constitutional right to an abortion. We will continue to use every tool at our disposal to fight for and protect Ohioans’ rights as guaranteed by the Ohio Constitution. We will now work to secure a permanent injunction,” the joint statement read.

Dayton Right to Life said it was “clear from the beginning” that the injunction would be granted.

“This is not justice, this is judicial activism,” a Dayton Right to Life spokesperson said.

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