Ohio, Arizona Courts Block Laws Restricting Abortion
- October 14, 2022
Courts in both Ohio and Arizona halted laws restricting abortions in the two states while litigation over the near-total abortion bans continues.
A three-judge panel of the Arizona Court of Appeals issued a stay October 7 allowing abortion care to resume in the state while plaintiff Planned Parenthood challenges the 150-year-old abortion ban.
Following the Supreme Court’s decision overturning Roe v. Wade, Arizona Attorney General Mark Brnovich filed a legal motion asking the Pima County Superior Court to fully reinstate the law.
The court concluded in its order that “the balance of hardships weigh strongly in favor of granting the stay, given the acute need of healthcare providers, prosecuting agencies, and the public for legal clarity as to the application of our criminal laws.”
“Today’s decision provides a desperately needed sense of security for both our patients and providers,” said Alexis McGill Johnson, President and CEO of Planned Parenthood. “We can now breathe a sigh of relief and serve patients. While the fight isn’t over, for now, Arizonans will once again be able to make their own decisions about their bodies, health care decisions, and futures.”
Also on October 7, an Ohio trial court preliminarily enjoined S.B. 23, a law banning abortion after approximately six weeks of pregnancy.
The court previously issued a temporary restraining order blocking enforcement of the law for 14 days.
Under S.B. 23, medical providers face potential felony prosecution for performing abortions after the detection of a fetal heartbeat, which is approximately six weeks after the patient’s last menstrual period, with exceptions in medical emergencies and to protect the life of the mother. The law went into effect after the Supreme Court in June overturned Roe v. Wade.
Hamilton County Common Pleas Judge Christian Jenkins issued the preliminary injunction from the bench. According to published report, Jenkins said that the court “has no difficulty holding that the Ohio Constitution confers a fundamental right on all of Ohioans to privacy, procreation, bodily integrity and freedom of choice in health care decision-making that encompasses the right to abortion.”
“We are thrilled with this second major victory and relieved that patients in Ohio can continue to access abortion as we work to fight this unjust and dangerous ban in court," Planned Parenthood, the lead plaintiff in both cases, said in a statement. "The preliminary injunction will be in place for the duration of our case, which means abortions will be legal in Ohio for a period much, much longer than the temporary restraining order granted. This court ruling will provide significant relief to Ohio patients and clinics.”