Federal judge blocks Ohio's anti-abortion heartbeat law from going forward as pro-life groups vow to fight the court ruling in the U.S. Supreme Court, the 2020 presidential election nearing and Ohio a pivotal state with no Democrat winning the White House without first winning Ohio and no Republican of remembrance doing so either.... By editor Kathy Wray Coleman of Clevelandurbannews.com and Kathywraycolemanonlinenewsblog.com, Ohio's most read Black digital newspaper and Black blog
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By Kathy Wray Coleman, political and investigative reporter and editor-in-chief
Clevelandurbannews.com and Kathywraycolemanonlinenewsblog.com-COLUMBUS, Ohio-A federal judge on Wednesday issued an order temporarily blocking Ohio's controversial heartbeat law from going forward, a new state law than bans abortion once a fetal heartbeat is detected, usually in as early as six weeks depending on the method of detection.
Such order serves to prevent the law, set to go into effect on July 11, from being implemented, for now.
Filed by the American Civil Liberties Union of Ohio (Ohio ACLU) on behalf of Planned Parenthood Advocates of Ohio and other state abortion clinics, U.S. District Judge Michael Barrett in Cincinnati granted a preliminary injunction pending further review of the lawsuit.
A former prosecutor appointed to the federal bench for the Southern District of Ohio in 2006 during the George W. Bush administration, Judge Barrett says the law is unconstitutional and places an "undue burden" on a woman's right to choose.
Pro-life groups have vowed to take the issue to the U.S. Supreme Court, setting the stage for an all out fight and a costly legal battle as the 2020 presidential election nears and Ohio remains a pivotal state with no Democrat winning the White House without first winning Ohio and no Republican of remembrance doing so either.
In his 12-page order, Judge Barrett said, among other assertions, that some women do not even know they are pregnant in as early as six weeks and that the new law essentially bans abortion all together
The plaintiffs in the lawsuit say the law is unconstitutional, among other claims.
Sponsored by state Sen. Kristina Roegner (R-27), a Hudson Republican, Senate Bill 23 is one of Ohio's most restrictive abortion bill's since Roe v Wade, the landmark 1973 decision that made abortion legal nationwide.
Gov. Mike DeWine, who took office in January after defeating Democrat Richard Cordray last year in a close election, signed the controversial fetal heartbeat bill into law April 11. And Ohio Attorney Dave Yost, who won election last year over Democrat Steve Dettelbach, a former district attorney for the Northern District of Ohio in Cleveland, has vowed to vigorously fight the lawsuit.
Unofficially dubbed the heartbeat bill, Senate Bill 23 was passed by the state legislature along partisan lines.
Opponents of the new anti-abortion law, led by the ACLU, had promised to meet DeWine and Ohio's state legislature in court, calling the law unconstitutional on its face via Roe v. Wade, and in conflict with court rulings that permit abortion until a fetus develops, usually at about 24 weeks of pregnancy.
Republicans control both chambers of the Ohio General Assembly, and they hold every statewide office in Ohio, including the governor's office, aside from two of the seven seats on the Ohio Supreme Court, those two seats won last year by Democrats Michael P. Donnelly and Melody Stewart, the first Black and first Black female elected to the state's high court.
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Pro-abortion groups, led by Planned Parenthood, NARAL Pro-Choice Ohio, and the National Organization for Women Ohio Chapter, have protested vigorously over the issue, including several times at the statehouse in Columbus.
At the time Ohio's attorney general, DeWine campaigned for governor with his position against abortion a key part of his campaign platform.
He said then that he would quickly sign the heartbeat bill into law if and when it hits his desk as governor.
Physicians who violate SB 23 by performing an abortion when a fetal heartbeat has been detected or performing an abortion without determining whether there is a heartbeat, face a fifth-degree felony that carries a potential penalty of six to 12 months behind bars, and a $2,500 fine.
Similar bills have been passed by state legislatures in several other states, including Kentucky, Georgia and Missouri, with courts blocking such-type of bills in North Dakota and Iowa.
Alabama's new heartbeat law is more expansive and precludes abortion at any stage of pregnancy
A 2016 presidential candidate, Kasich said he vetoed the heartbeat bill in 2017 and again last year because they were “clearly contrary to Supreme Court rulings."
The former governor, however, signed another bill last year that severely restricts abortion into law.
Senate Bill 145, which bans dilation and evacuation abortions, commonly known as D & E abortions, is now state law just like the heartbeat bill.
Clevelandurbannews.com and Kathywraycolemanonlinenewsblog.com, Ohio's most read Black digital newspaper and Black blog with some 5 million views on Google Plus alone.Tel: (216) 659-0473 and Email: editor@clevelandurbannews.com. Kathy Wray Coleman, editor-in-chief, and who trained for 17 years at the Call and Post Newspaper in Cleveland, Ohio. We interviewed former president Barack Obama one-on-one when he was campaigning for president. As to the Obama interview, CLICK HERE TO READ THE ENTIRE ARTICLE AT CLEVELAND URBAN NEWS.COM, OHIO'S LEADER IN BLACK DIGITAL NEWS.
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