The Ohio Supreme Court heard arguments Wednesday that could determine whether the state鈥檚 six-week abortion ban will go into effect.
At issue is if the doctors and providers who challenged the near total abortion ban in a Hamilton County Common Pleas case had the standing and if that court had the authority to issue an injunction stopping what鈥檚 commonly known as the Heartbeat Bill.
If the court decides they didn鈥檛 have standing or the county court didn鈥檛 have the authority, the abortion law could be enforced again, like it was last summer in the days and months following the decision by the U.S. Supreme Court to overturn the landmark Roe v. Wade ruling.
Ohio Solicitor General Benjamin Flowers argued for the state. He said the state had the right to appeal the Hamilton County ruling because the state suffers harm from the law being put on hold.
鈥淲e have an interest in vindicating the law. And so all we are seeking here is to get into court. This isn鈥檛 about whether we win. It鈥檚 about whether we show up,鈥� Flowers said.
Flowers said the doctors and abortion providers who brought the Hamilton County lawsuit challenging the state鈥檚 six-week ban don鈥檛 have standing. And he said that county court lacks power, under state law, to put the six-week ban on hold. Flowers contended women who were denied abortions are the ones who have a right to sue.
But Jessie Hill, attorney for the American Civil Liberties Union of Ohio argued state law doesn鈥檛 allow the state itself to appeal an injunction from a lower court if that case hasn鈥檛 been decided which, in the case of the six-week ban, it hasn鈥檛. She said the doctors and providers do have standing in this case and aren鈥檛 third parties as the state claims.
鈥淭hey do have injuries to themselves and causation and redressability so in that sense, they do but they are here with these claims, seeking to raise the rights of their patients,鈥� Hill testified.
Hill noted there have been similar challenges over standing in 21 other states and said those courts have upheld the rights of providers to bring lawsuits. She said Kentucky is the only one that has ruled to the contrary.
The debate itself was over technical questions 鈥攏ot on the constitutionality of the six-week abortion ban itself.
But Ohio Right to Life President Mike Gonidakis said the court鈥檚 ruling on this case will be important. 鈥淭his is the most consequential case before the Ohio Supreme Court in decades,鈥� Gonidakis said.
鈥淏ecause at the heart of this case is whether a local judge in Cincinnati, Cleveland or Columbus can dictate state laws and policies. And what we cannot have happen, which is a loophole in our system, is for a court judge to issue a preliminary injunction and then drag out a case for 18 months, two years, three years, and the law that the legislature passed and the governor signed never goes into effect,鈥� Gonidakis said.
Gonidakis said the women directly affected by the six-week ban should have been the ones to bring this case forward, not the doctors or abortion clinics. And he said he thinks the Ohio Supreme Court will agree.
Hill said the court鈥檚 ruling will be important because 鈥渁ccess to abortion in Ohio is absolutely on a razor鈥檚 edge.鈥�
鈥淚f the court rules against us today on the standing question, the order that has been blocking the six-week (ban) from going into effect could be lifted and likely would be lifted. That would mean the six-week ban would likely go back into effect because of the court鈥檚 ruling,鈥� Hill said.
When the court will rule is a question. In November, Ohio voters will decide whether to enshrine abortion rights into the state constitution. And if that happens, the six week ban would be unconstitutional.
Austin Bigel, president of End Abortion Now, whose group wants to completely abolish abortion, said he thinks the six week ban is already unconstitutional, regardless of the court鈥檚 ruling.
鈥淭he six week ban should be ruled unconstitutional. It does not actually protect human life. It does not recognize the legal case for personhood,鈥� Bigel said.
Gonidakis, whose group doesn鈥檛 support personhood or a total abortion ban without any exceptions, said he doesn鈥檛 think the court will rule before Ohio voters decide in November whether to enshrine abortion rights into the constitution.
鈥淚t鈥檚 just a long standing history of the court that they don鈥檛 rush decisions, whatever the issue is,鈥� Gonadakis said.