From wire and staff reports
COLUMBUS — An emergency stay of Ohio’s newly imposed state ban on abortions at the first detectable “fetal heartbeat” was rejected Friday by the state Supreme Court.
At issue was a request by Ohio abortion providers for the interim delay while the court reviews the question of whether the ban should be overturned.
The providers argue the law violates the Ohio Constitution’s broad protections of individual liberty.
The office of Attorney General Dave Yost, defending the new law, opposed the emergency stay, saying the Ohio Constitution does not recognize the right to an abortion.
“We will continue to defend Ohio’s duly enacted statutes and to advocate for the rule of law. The Plaintiffs need to reconcile themselves to pursuing their policy goals through the political process, not the courts,” Yost wrote in a statement released after the denial of motion.
The American Civil Liberties Union, one of the Plaintiffs in the case, called decision “an incredibly horrible situation.”
This is an incredibly horrible situation and we are deeply disturbed by the Ohio Supreme Court’s decision to allow the draconian six-week ban to remain in effect as it considers the merits of our case. https://t.co/GNi3qExZKZ
— ACLU of Ohio (@acluohio) July 1, 2022
Their lawsuit followed imposition of the Ohio ban June 24, the same day the U.S. Supreme Court found the U.S. Constitution does not protect a woman’s right to an abortion. A federal judge lifted his stay on Ohio’s abortion restriction later that night.
The Ohio law prohibits abortions after what it terms a “fetal heartbeat” can be detected, which can be as early as six weeks’ gestation, or before many women know they are pregnant.
It makes exceptions for the life of the mother and certain severe health risks.