Two years ago, a majority decision in the case of Dobbs v. Jackson Women’s Health Organization struck down Roe v. Wade. It tossed the topic of abortion access back to the states, many of which had restrictions go into place within hours of the decision dropping.
Court battles between abortion providers and the Ohio Attorney General’s Office ensued after Ohio’s Heartbeat Law kicked into gear for about 11 weeks in 2022. As the case reached the Ohio Supreme Court, advocates organized to get an new amendment on the ballot to protect access to abortion, which voters later approved.
“That’s in full force and effect,” Freda Levenson, legal director of the ACLU of Ohio, said about the amendment.
Other court battles are still continuing in Ohio as abortion providers and their supporters like the ACLU of Ohio are working on striking down each of Ohio’s abortion restrictions that would infringe upon the rights spelled out in the new amendment.
If those cases get brought before the Ohio Supreme Court, they will be argued in front of an overwhelmingly conservative court following the newly elected justices, including Joe Deters, Dan Hawkins and Megan Shanahan. Six out of the seven judges on Ohio’s Supreme Court are now endorsed by Ohio Right to Life.
Advocates in favor of abortion access are confident that Ohio’s amendment protecting that access will hold.
“It’s well written. It’s completely clear, and we’re confident that when these cases―if they’re appealed all the way through the system, the results shouldn’t change,” Levenson said.
Anti-abortion advocates still have some fight left in them, many said after the election results.
Bernie Moreno, a Republican businessman who won U.S. Senator Sherrod Brown’s seat, was endorsed by Ohio Right to Life and said in the past that he is “100% pro-life.”
“Ohio Right to Life has stood with Bernie Moreno since the beginning. He’s the leader we need now to ensure mothers, children, and families have the resources they need. We are so proud that Bernie will be taking our values to D.C. and serve as a voice for the voiceless,” said Mike Gonidakis, president of Ohio Right to Life.
Credit: NYT
Credit: NYT
With President-elect Donald Trump back in the White House and Republicans in control of Congress next year, the possibility of a national abortion ban appears plausible even though voters in seven states approved amendments to their constitutions to protect access during the November election.
“As a general rule, federal law preempts state law, and so if there are changes to federal law, it can affect us in Ohio,” Levenson said.
Republicans could also try to utilize the Comstock Act―a federal anti-obscenity law passed in 1873 that criminalizes the mailing or transportation of certain materials―to prevent medication for abortions and miscarriages like Mifepristone being sent through the mail, Levenson said.
They could also reverse course on FDA regulations on Mifepristone to prevent it from being sold at all, she said.
“We would resist and litigate to the extent we can, but that’s a different scenario. We don’t have a clear protective amendment or federal constitutional provision to rely on there,” Levenson said.
Whatever the future holds in terms of abortion access, many people who could be impacted by the implementation of strict abortion laws are taking their own precautions ahead of next year.
Requests for long-term birth control and permanent sterilizations have surged across the nation since the election, doctors told the Associated Press. Companies that sell emergency contraception and abortion pills say they’re seeing significant spikes in requests from people who are stockpiling the medications — one saw a 966% increase in sales of emergency contraception from the week before in the 60 hours after the election.
The Associated Press contributed to this story.
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