A divided Supreme Court has overturned Roe v. Wade, ending the national legalization of abortion that has been in place in the U.S. for nearly 50 years.The 1973 Roe v. Wade court decision affirmed the right to receive an abortion under the 14th Amendment, ruling that abortions were constitutionally protected up until about 23 weeks when a fetus could be able to live outside the womb. The majority opinion is from Dobbs v. Jackson Women's Health Organization, which challenged the constitutionality of a Mississippi law passed in 2018 that banned abortion after the first 15 weeks of pregnancy.A decision on the case was leaked to Politico in May, telegraphing the court's intent to strike down Roe v. Wade. In that leaked decision, Justice Samuel Alito wrote that "the Constitution makes no reference to abortion and no such right is implicitly protected by any constitutional provision." Chief Justice John Roberts verified the authenticity of the leaked opinion the day after it was leaked, calling it "absolutely appalling" and has vowed to find the person responsible. To date, it’s not known who leaked the draft.President Joe Biden called the early draft opinion radical after it was made public."I believe that a woman's right to choose is fundamental," Biden said in a statement in May. "Roe has been the law of the land for almost 50 years, and basic fairness and the stability of our law demand that it not be overturned." Meanwhile, legislators in more than a dozen states have passed "trigger laws," which are bans designed to go into effect after Roe is overturned. Oklahoma has already passed a complete prohibition on abortion. That law bans abortion from the time of conception. In some cases, trigger laws require an official such as an attorney general to certify that Roe has been struck down before the law can take effect.WHAT DOES THAT MEAN FOR OHIO?Abortion is currently legal in Ohio through the point of viability. A heartbeat bill was signed into law in 2019 by Gov. Mike DeWine, banning abortions after a detectable heartbeat.Not long after DeWine signed the bill into law, a federal judge issued an injunction, blocking it from being enforced, ruling it violated the constitutional right under Roe v. Wade.DeWine released a televised statement Friday saying in part: "My fellow Ohioans -- I fully understand that the Supreme Court’s decision today is deeply troubling to many of you. Those of you who are pro-choice believe this is a matter of freedom and is a decision only the woman can make. Those who are pro-life, including my wife Fran and me, believe that the life of a human being is at stake and that we have an obligation to protect that innocent life.We all have friends and others close to us whom we respect and who are on both sides of the issue. But -- whether you are pro-life or pro-choice, Republican or Democrat -- we all need to be kind, civil, and respect one another as we debate this issue."(You can watch DeWine's full statement in the video above. )Ohio Attorney General Dave Yost said Friday he has filed a motion in federal court to dissolve the injunction now that Roe v. Wade has been overturned. "Because there exists no just reason for delay, Defendants respectfully request this Court immediately dissolve the preliminary injunction and dismiss the case," Yost said in the filing. Later Friday evening, a federal judge approved Yost's motion and dissolved the injunction.The move bans abortions after approximately six weeks of pregnancy across the state. Yost tweeted Friday evening, "The Heartbeat Bill is now the law."There is also pending legislation, Senate Bill 123 and House Bill 598, that would ban make abortion a felony. The legislation includes exceptions if the mother's life is in danger.Both pieces of legislation have yet to be reviewed and voted on.Ohio currently has six full-service abortion clinics. Three additional clinics provide medication abortion services.
A divided Supreme Court has overturned Roe v. Wade, ending the national legalization of abortion that has been in place in the U.S. for nearly 50 years.
The 1973 Roe v. Wade court decision affirmed the right to receive an abortion under the 14th Amendment, ruling that abortions were constitutionally protected up until about 23 weeks when a fetus could be able to live outside the womb.
The majority opinion is from Dobbs v. Jackson Women's Health Organization, which challenged the constitutionality of a Mississippi law passed in 2018 that banned abortion after the first 15 weeks of pregnancy.
A decision on the case was leaked to Politico in May, telegraphing the court's intent to strike down Roe v. Wade. In that leaked decision, Justice Samuel Alito wrote that "the Constitution makes no reference to abortion and no such right is implicitly protected by any constitutional provision."
Chief Justice John Roberts verified the authenticity of the leaked opinion the day after it was leaked, calling it "absolutely appalling" and has vowed to find the person responsible. To date, it’s not known who leaked the draft.
President Joe Biden called the early draft opinion radical after it was made public.
"I believe that a woman's right to choose is fundamental," Biden said in a statement in May. "Roe has been the law of the land for almost 50 years, and basic fairness and the stability of our law demand that it not be overturned."
Meanwhile, legislators in more than a dozen states have passed "trigger laws," which are bans designed to go into effect after Roe is overturned. Oklahoma has already passed a complete prohibition on abortion. That law bans abortion from the time of conception.
In some cases, trigger laws require an official such as an attorney general to certify that Roe has been struck down before the law can take effect.
WHAT DOES THAT MEAN FOR OHIO?
Abortion is currently legal in Ohio through the point of viability.
A heartbeat bill was signed into law in 2019 by Gov. Mike DeWine, banning abortions after a detectable heartbeat.
Not long after DeWine signed the bill into law, a federal judge issued an injunction, blocking it from being enforced, ruling it violated the constitutional right under Roe v. Wade.
DeWine released a televised statement Friday saying in part: "My fellow Ohioans -- I fully understand that the Supreme Court’s decision today is deeply troubling to many of you. Those of you who are pro-choice believe this is a matter of freedom and is a decision only the woman can make. Those who are pro-life, including my wife Fran and me, believe that the life of a human being is at stake and that we have an obligation to protect that innocent life.
We all have friends and others close to us whom we respect and who are on both sides of the issue. But -- whether you are pro-life or pro-choice, Republican or Democrat -- we all need to be kind, civil, and respect one another as we debate this issue."
(You can watch DeWine's full statement in the video above. )
Ohio Attorney General Dave Yost said Friday he has filed a motion in federal court to dissolve the injunction now that Roe v. Wade has been overturned.
"Because there exists no just reason for delay, Defendants respectfully request this Court immediately dissolve the preliminary injunction and dismiss the case," Yost said in the filing.
Later Friday evening, a federal judge approved Yost's motion and dissolved the injunction.
The move bans abortions after approximately six weeks of pregnancy across the state.
Yost tweeted Friday evening, "The Heartbeat Bill is now the law."
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There is also pending legislation, Senate Bill 123 and House Bill 598, that would ban make abortion a felony. The legislation includes exceptions if the mother's life is in danger.
Both pieces of legislation have yet to be reviewed and voted on.
Ohio currently has six full-service abortion clinics. Three additional clinics provide medication abortion services.
