Preterm-Cleveland v. Yost

Docket number

Plaintiffs claim that the ban violates the state constitution’s 1) fundamental right of individual liberty as guaranteed in the inalienable rights clause and Health Care Freedom Amendment (Art. I, §§ 1, 16, 21), 2) guarantee of equal protection (Art. I, § 2), and 3) guarantee of due process — the law is insufficiently clear (Art. I, § 16). A trial court preliminarily blocked the ban. An intermediate appeals court rejected the Defendants’ appeal of the trial court’s order. The Ohio Supreme Court agreed to hear the state’s appeal limited to the questions of whether the appeal was premature, and whether the challengers have standing. It declined to address on this appeal whether the Ohio Constitution guarantees a right to abortion. After voters adopted an amendment to the constitution protecting abortion access, the court ultimately dismissed the case.

Sole footer logo

A project of the Brennan Center for Justice at NYU Law