Block on Ohio’s ‘heartbeat’ abortion law upheld by state appeals court

CINCINNATI — The block on Ohio’s new “heartbeat” abortion law, outlawing the procedure after six weeks of pregnancy, will stand, according to a decision Friday by the First District Court of Appeals.

The ruling sends the case down to a lower trail court, according to our news partner WCPO in Cincinnati.

>>PREVIOUS COVERAGE: Ohio judge approves permanent block on state’s ‘heartbeat’ abortion ban

The appeals court decision upholds a block granted by Common Pleas Court Christian Jenkins on Oct. 7.

Ohio Attorney General Dave Yost appealed but the appeals court voted unanimously, 3-0, to not consider his appeal, WCPO reports.

The injunction allows abortion in Ohio up to 22 weeks of pregnancy.

Jenkins had also granted a temporary restraining order Sept. 14 at the request of the Kettering Woman’s Center and other pro-choice organizations.

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The plaintiffs in the case included the ACLU, Planned Parenthood and the ACLU of Ohio.

“We are pleased that the appeal was correctly dismissed for lack of jurisdiction and that the case will continue before the trial court towards a final decision on the merits,” said leaders from Planned Parenthood, the ALCU of Ohio and more in a statement. “The state will fight us every step of the way but we know that Senate Bill 23 violates the Ohio Constitution and we are confident that the law is on our side.”

An Ohio Right to Life spokesperson said on social media Friday the organization remains confident the Ohio Supreme Court will rule in their favor.

“Regardless of what transpires at the lower courts, Ohio heartbeat law will ultimately be decided by the Ohio Supreme Court in 2023,” said Michael Gonidakis. “We are confident Ohio’s highest court will rule that nowhere in the Ohio Constitution does a right to an abortion exist.”

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