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Planned Parenthood, ACLU file lawsuit in Ohio Supreme Court seeking to overturn 6-week abortion ban

Judges slow abortion bans in Texas, Ohio during pandemic
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CLEVELAND — The American Civil Liberties Union of Ohio and Planned Parenthood Federation of America filed a lawsuit in the Ohio Supreme Court Wednesday seeking to block the state's six-week ban on abortion.

“It has been just over three days since the U.S. Supreme Court decision that overturned Roe v. Wade, and four days since Ohioans had their right to abortion stripped away, and limited to just six weeks of pregnancy,” said Iris Harvey, president and CEO of Planned Parenthood Greater Ohio and Kersha Deibel, president and CEO of Planned Parenthood Southwest Ohio, in a news release. “It’s hard not to lose hope in a moment like this. But we need to keep going, to fight for Ohioans to get the healthcare they need and deserve when they need it — and Planned Parenthood will be right with you in that fight. Let’s get to work.”

After the U.S. Supreme Court overturned Roe v. Wade, a federal judge in Ohio granted the state’s request to allow the previously blocked six-week abortion ban to take effect in Ohio.

"This decision returns abortion policy to the place it has always belonged: to the elected policies branches of the governments," Attorney General Dave Yost said in a statement released on YouTube early Friday after he filed a motion to dissolve the injunction on Ohio's six-week abortion ban, often referred to as the “heartbeat bill” by conservatives.

“This sweeping measure, which prevents nearly every pregnant person from accessing essential care, is blatantly unconstitutional under Ohio’s state constitution which has broad protections for individual liberties. We ask the Ohio Supreme Court to stop enforcement of Senate Bill 23. Absent action from the court, many Ohioans will be forced to give birth against their will, many will have illegal or dangerous abortions, and some will die. People of color and low-income communities, who comprise the majority of patients seeking abortions, will be disproportionately impacted. We’ll keep fighting for abortion rights until every Ohioan is able to access the healthcare they need,” said Freda Levenson, legal director for the ACLU of Ohio, in a statement.

The lawsuit was filed by the Planned Parenthood Federation of America on behalf of Preterm-Cleveland, Planned Parenthood Southwest Ohio, Planned Parenthood Greater Ohio, Women’s Med Group Professional Corporation, Northeast Ohio Women’s Center, Toledo Women’s Center, and Dr. Sharon Liner, an individual abortion provider.

You can read the full lawsuit filed by the law firm WilmerHale here.

Ohio Right to Life President Mike Gonidakis released the following statement in response to the lawsuit filed against the Heartbeat law:

The Ohio Supreme Court does not have jurisdiction in mandamus cases where, as here, there is an adequate remedy at law through a declaratory judgement and injunction action in a common pleas court—wholly apart from the meritless nature of the Complaint.
Clearly, the Plaintiffs believe there is a pro-abortion majority on the Ohio Supreme Court that likely will be lost this November.
Thus, Plaintiffs do not want to file in a Common Pleas Court but want the current Supreme Court to declare a fake right to an abortion in Ohio right now.
In making that request, Plaintiffs are asking the Ohio Supreme Court Justices to violate the constitutional limits of its jurisdiction, in violation of their oaths of office.

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