COLUMBUS – Ohio’s “Heartbeat Bill” is currently blocked from taking effect, and opponents are hoping to keep it that way.
The ACLU of Ohio and other groups have filed a motion in federal court asking for a permanent injunction against the near-total abortion ban signed by Gov. Mike DeWine in April.
Senate Bill 23 bans abortions if a fetal heartbeat is detected, which typically is around six weeks of pregnancy. The law was temporarily blocked from going into effect on July 3rd, pending the outcome of a legal challenge.
“The law has been clear in this country that a ban this early in pregnancy prior to viability has never been allowed. So the judge should follow the law that already exists and declare this statute unconstitutional,” Jennifer Branch, attorney for the plaintiffs, said.
Judge Michael Barrett temporarily blocked the bill, saying that abortion providers’ constitutional challenge was “certain to succeed.”
DeWine signed the legislation in April, joining a national push by mostly Republican-led states aimed at sparking the legal challenge that would overturn Roe v. Wade, the landmark 1973 U.S. Supreme Court ruling legalizing abortion.
Pro-life groups have said such bills are part of a long-term strategy to get a legal challenge in front of the U.S. Supreme Court, which Branch says could very well happen. If the bill is upheld by a federal appeals court, the high court could be forced to re-examine Roe.
The state of Ohio didn’t challenge Barrett’s injunction and the deadline to do so has passed.
Opponents claim the heartbeat bill is essentially a total ban on abortion, as many women don’t know they are pregnant at six weeks. It would prohibit more than 90 percent of abortions in Ohio, according to Freda Levenson, ACLU of Ohio legal director.
At six weeks, most people don’t even know they’re pregnant. This law would effectively take away a person’s right to make their own medical decisions before they even know there’s a decision to make, said Kersha Deibel, president and CEO of Planned Parenthood Southwest Ohio.