OHIO – US District Judge Michael Barrett has issued an order as of July 3rd to grant an injunction against the recently passed “Heartbeat” bill in Ohio. The bill had not yet gone into effect, and the measure is expected to delay enforcement of the bill.
The federal judge from Cincinnati stated that the injunction is based from Supreme Court precedent, basing the 12-page injunction off of 1992’s Planned Parenthood v. Casey regarding undue burdens on women seeking an abortion. The 5-4 decision majority decision held up Roe v. Wade in 1992, but defined the arguments involving undue burden.
ACLU Staff Attorney Elizabeth Watson stated that the heartbeat bill would seek to ban all abortions after 6 weeks, despite 90% of all abortions being performed on or after that span of time. The goal of SB23 was to impose a fifth-degree felony and a potential $2,500 fine after a doctor detected a heartbeat or fail to perform an abdominal or transvaginal ultrasound. Exceptions in the law were made in cases of the health of the mother. However, no exceptions were made for rape and incest.
The ALCU of Ohio issued a press release alongside of statements from Planned Parenthood and Preterm, stating ““Today’s ruling keeps abortion legal for all Ohioans, but we know the fight does not stop there, Ohioans deserve access to abortion that is safe, affordable, and without shame or judgment.”
However, Ohio Right to Life was prepared for the injuction, believing it will be the cornerstone of a Supreme Court fight to overturn laws regarding Planned Parenthood v. Casey and even Roe v. Wade, stating ”
“The Heartbeat Bill has the potential to be the vehicle that overturns Roe v. Wade. We know that this temporary restraining order is just a step in the process to finally seeing Roe reconsidered.”
