Ohio appeals court keeps abortion legal, for now
A nurse holds a sign in support of abortion access at a Planned Parenthood rally in Downtown Cincinnati on May 15, 2022.
On Dec. 16, the 1st District Court of Appeals declined to consider Ohio attorney general David Yost's appeal to overturn an injunction on the state’s six-week abortion ban. The appeal was denied in a 3-0 decision by the Court of Appeals, sending the case back to the Hamilton County Court of Common Pleas where the injunction had originated.Yost pushed for the appeals court to block the injunction, which was handed down in October by Hamilton County Common Pleas judge Christian Jenkins.
Yost’s office appealed Jenkins injunction on Oct. 13, claiming the abortion ban had become the status quo in Ohio following the U.S. Supreme Court’s June 24 decision in Dobbs v. Jackson Women’s Health Organization, effectively overturning the abortion-granting landmark decision in Roe v. Wade. “A preliminary injunction which acts to maintain the status quo pending a ruling on the merits is not a final appealable order,” the court’s opinion reads.Yost’s office is expected to take the case to the Ohio Supreme Court, which became majority conservative after the November election., launched a campaign in December to put a ballot measure before Ohio voters that would amend the state’s constitution to explicitly protect reproductive freedom.
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