Preterm-Cleveland v. Yost
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.
Related Commentary
Abortion and Trans Rights Advocates Turn to Unlikely Tool in State Constitutions
Lawsuits seeking to expand access to abortion and gender-affirming care rely on GOP-backed “health care freedom" provisions passed to limit the Affordable Care Act.
A Conversation About Abortion Rights and the Future of State Constitutions
A retired state supreme court justice, a reproductive rights scholar, and the director of the Brennan Center’s Judiciary Program discuss the role of state courts after the U.S. Supreme Court’s decision that there is no federal constitutional right to abortion.
Ohio Supreme Court Hears Challenge to Pause of Abortion Ban
As Ohioans prepare to vote on an abortion ballot measure this fall, the state is asking to reinstate a six-week ban that was put on hold by a trial court.