- The Ohio First District Court of Appeals ruled that a lower court went too far in striking down parts of the 2019 heartbeat law not directly challenged under the state’s 2023 Reproductive Freedom Amendment.
- The ruling restores requirements for abortion providers to check for a fetal heartbeat, follow certain documentation and notification rules, and adhere to civil and criminal enforcement mechanisms, as well as a 24-hour waiting period.
- The law's core provision banning abortion after fetal cardiac activity is detected cannot be enforced due to the constitutional amendment guaranteeing reproductive freedom.
- Carrie Snyder, executive director of Ohio Right to Life, highlighted that the ruling could allow secondary measures, such as offering women the option to view an ultrasound before an abortion, to take effect.
- The decision illustrates the continuing struggle between the state's 2019 abortion law and the 2023 amendment protecting personal reproductive decisions, balancing procedural legality with voters' intent.
The Ohio First District Court of Appeals has reinstated several secondary provisions of a 2019 Ohio abortion law, ruling that a lower court judge went too far in striking down parts of the statute that were not directly challenged under the state's recently adopted constitutional amendment on reproductive rights.
Ohio voters approved the "Right to Reproductive Freedom with Protections for Health and Safety Amendment" in November 2023 by a 56% to 44% margin. The amendment establishes a constitutional right to make personal reproductive decisions, including abortion, and prohibits the state from directly or indirectly burdening or interfering with those decisions.
After the amendment passed, Republican Attorney General (AG) Dave Yost acknowledged that the central enforcement mechanism of Ohio's 2019 heartbeat law, which bans abortion once fetal cardiac activity is detected, could no longer be enforced. However, the state argued that multiple other provisions of the law should remain in effect.
Those provisions include requirements that abortion providers check for a fetal heartbeat, certain notification and documentation rules and enforcement mechanisms, as well as a 24-hour waiting period.
In October 2024, Hamilton County Common Pleas Court Judge Christian Jenkins ruled that the heartbeat law was invalid in its entirety, concluding that all of its provisions violated the new constitutional amendment because they indirectly burden abortion access.
The state appealed, and on Jan. 7, the appellate court ruled that Jenkins had exceeded his authority by invalidating statutory provisions that were not challenged by the plaintiffs.
"Statutory provisions whose constitutionality have not been challenged, like the disputed provisions here, are presumptively constitutional," Judge Candace Crouse wrote for the appellate court. "A court's power of constitutional review comes into play only as an incident of the need to resolve a dispute between parties."
According to Courthouse News, the appellate ruling restores provisions related to documentation requirements for physicians performing abortions, as well as civil and criminal enforcement mechanisms, while leaving legal abortion access unchanged.
This ruling by the Ohio First District Court of Appeals, as BrightU.AI's Enoch noted, underscores the ongoing struggle between personal liberty and state intervention in reproductive rights. Despite the clear will of the people as expressed through the constitutional amendment, the court's decision to reinstate certain provisions of the 2019 abortion law.
Pro-life group lauds court decision
In response to the ruling, pro-life advocates said it could allow certain secondary provisions of the law to take effect, even though the central abortion ban remains unenforceable. Carrie Snyder, executive director of Ohio Right to Life, said she was encouraged by the court's decision.
"We are thankful that AG Yost and his team saw that Jenkins had erred in his ruling and put the effort into successfully challenging that decision," Snyder said. "While it's sad that our law protecting babies as soon as a heartbeat is detected cannot be enforced, we are hopeful that other sections of SB 23 can now take effect, including the provision allowing the pregnant woman to have the option to view the ultrasound of her baby before an abortion takes place."
Snyder pointed in particular to a provision that would allow women seeking abortions the option to view an ultrasound beforehand, noting that fetal cardiac activity typically begins about 21 days after fertilization.
"Statistics show that a simple ultrasound showing a moving, growing baby – not just some clump of cells – can often change the mind of mothers who initially seek an abortion," she said.
Watch this MSNBC report about the criminalization of so-called "emergency abortions" in Idaho.
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