A Franklin County judge has agreed to halt Ohio’s 2021 law requiring a 24-hour waiting period before a patient can get an abortion. The ruling came from a lawsuit that argues the law is unconstitutional after the passage of a reproductive rights amendment last fall.
In a 26-page decision, Franklin County Common Pleas Judge David Young wrote the five clinics that provide abortion services represented by the ACLU of Ohio have a strong likelihood of success on the merits of the case and the plaintiffs “are suffering injury each day their constitutional rights are infringed upon.”
The state had argued the clinics and doctors who brought the case didn’t have standing to sue, which Young said the amendment gives them standing because they're helping people to exercise their constitutional rights.
The state also argued the waiting period doesn't violate the new amendment, saying requiring doctors to give out information and for patients to wait 24 hours are important parts of informed consent.
But Young cited the analysis of the issue from Republican Ohio Attorney General Dave Yost, which said the reproductive rights amendment would make it harder for the state to maintain many abortion-related laws. And he wrote that the amendment’s language is “clear and unambiguous.”
Yost confirmed the state will appeal the decision. His office said in a statement: "We have heard the voices of the people and recognize that reproductive rights are now protected in our Constitution. However, we respectfully disagree with the court's decision that requiring doctors to obtain informed consent and wait 24 hours prior to an abortion constitute a burden. These are essential safety features designed to ensure that women receive proper care and make voluntary decisions. These measures were consistently upheld under Roe v. Wade. We plan to appeal this ruling."
There are no hearings scheduled, so the waiting period is blocked indefinitely.
This is one of several cases making its way through the courts since Issue 1 was approved last fall, as Republicans who dominate the legislature have not attempted to repeal any existing legislation on reproductive rights. Next week a Hamilton County judge is expected to deliver his ruling on Ohio's ban on abortion after six weeks. The law banning prescriptions of abortion-inducing drugs via telehealth is also being challenged.
