A judge has permanently blocked a ban on virtually all abortions in Ohio as a state constitutional challenge proceeds.
Hamilton County Judge Christian Jenkins took the action from the bench on Friday after a daylong hearing.
It is “simply wrong” to argue that a “right does not exist because it is not specifically listed in the (US) Constitution,” Judge Jenkins said.
The 2019 “heartbeat” abortion ban was briefly able to take effect after the US Supreme Court overturned Roe v Wade in June, but it was later put on temporary hold. Judge Jenkins’ decision means abortions through to 20 weeks gestation may continue in Ohio for now.
Abortion providers who have sued will try to prove through their litigation that the law violates protections contained in Ohio’s Constitution.
A group of abortion clinics represented by the ACLU of Ohio had challenged the state law banning most abortions after foetal cardiac activity is detected on grounds it violates provisions of the state constitution guaranteeing individual liberty and equal protection.
It also says the law is unconstitutionally vague.
