COLUMBUS, Ohio — The Ohio Supreme Court is trying to decide whether it will hear an appeal surrounding Ohio's "Heartbeat Law." It comes after Issue 1 passed, enshrining abortion rights into the Ohio Constitution. The "Heatbeat Law" bans abortions after an ultrasound detects a fetal heartbeat, which is usually up to six weeks into a pregnancy.

Last year, a Hamilton County Common Court Pleas Judge placed the law on hold, a ruling which Ohio Attorney General Dave Yost has appealed to the Ohio Supreme Court. Last week, Yost released a summary of the where the law stands, and released a legal brief to the Ohio Supreme Court. 

According to Yost in his legal brief, "this dramatic legal change does not affect this appeal, which does not deal with the underlying heartbeat act, but rather critical procedural issues that do not turn on the substantive regulation of abortion at all."

What You Need To Know

  • The Ohio Supreme Court is reviewing legal briefs that have been filed by both opponents and supporters of abortion rights

  • If enacted, the "Heartbeat Law" bans abortions after an ultrasound detects a fetal heartbeat which is usually up to six weeks

  • After Issue 1 passed and has gone into effect, there is a debate whether the "Heartbeat Law" is constitutional

Meanwhile, lawyers who are representing supporters of abortion rights told Spectrum News 1 they want the appeal dismissed. Practicing attorney Jessie Hill said it’s no longer a good use of the court’s time to decide issues that are now enshrined in the constitution. 

"The Attorney General agrees that Issue one has made the six-week ban unconstitutional," Hill said. "So, he does say that pretty clearly at several points in the writing." 

"As to abortion in Ohio, the people have made their decision. The Ohio Constitution has been amended to protect a right to abortion,” Yost wrote in his legal brief. 

"Basically, one judge can change the entire revised code," Mike Gonidakis, the president of Ohio Right to Life, said. "That's not the way our system set up. And the attorney general is asking the Ohio Supreme Court to rule against these local judges being activists, legislators." 

Gonidakis agrees with the attorney general’s summary but says they won’t give up on their mission to prevent abortion in Ohio. 

"We are not going anywhere," Gonidakis said. "Our supporters in all 80 counties in our donor base are motivated to get back to work and help reduce the number of abortions that hopefully someday, whether it be in my lifetime or not, get to zero regardless of what the state constitution says." 

Legal briefs from both sides have been filed with the Ohio Supreme Court. At this time, the court has not decided on whether it will move forward.

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