Ohio Court of Appeals Overturns Liberal Judge’s Ruling on Abortion

In a move illustrating the way activist judges attempt to write law, not just interpret it, today the First District Court of Appeals ruled that Judge Christian Jenkins of the Hamilton County Common Pleas Court had erred when he struck down all of Senate Bill 23, including sections that pro-abortion group Preterm-Cleveland had not even asked him to consider.

While it was no surprise that the provision protecting a child as soon as his or her heartbeat is detected was struck down, Judge Jenkins took the liberty of striking down the entire law despite the well-established principle of severability. Under this principle, if one section of a law is found unconstitutional, the rest still stands.

The Court of Appeals sent the ruling back to Jenkins for reconsideration.

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“We are thankful that Attorney General Dave Yost and his team saw that Jenkins had erred in his ruling and put the effort into successfully challenging that decision. While it’s sad that our law protecting babies as soon as a heartbeat is detected cannot be enforced, we are hopeful that other sections of SB23 can now take effect, including the provision allowing the pregnant woman to have the option to view the ultrasound of her baby before an abortion takes place,” said Carrie Snyder, Executive Director of Ohio Right to Life. “Statistics show that a simple ultrasound showing a moving, growing baby—not just some clump of cells—can often change the mind of mothers who initially seek an abortion.”

Ohio Right to Life encourages any pregnant woman considering an abortion to seek out one of over 120 pregnancy help centers across Ohio. These centers offer free services including pregnancy testing, assistance meeting material needs of the mother and her children, counseling, and often provide ultrasounds and other clinical services.

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