Judges in Ohio and Arizona Temporarily Block States’ Abortion Bans – The New York Times

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State officials had argued that the right to abortion was not explicitly found in Ohio’s Constitution.

Judge Jenkins, a Democrat, said that the state was “simply wrong” to argue “that a right does not exist because it is not specifically listed in the Constitution.”

“By the state’s reasoning, the Obergefell decision recognizing the right to gay marriage is wrong,” the judge said, referring to the 2015 Supreme Court decision that made same-sex marriage a nationwide right.

The Ohio law restricts abortion after fetal cardiac activity can be detected, which is generally six weeks after the start of a pregnant woman’s last period, and before many women realize they are pregnant.

The law does not include exceptions for rape and incest, a feature that drew national attention this summer when a 10-year-old Ohio girl who had become pregnant through rape was denied an abortion in her home state.

The plaintiffs argued that the Ohio law deprived women of liberty and due process rights, citing several examples of unnamed women. They included a cancer patient who had to travel out of state for an abortion, according to affidavits submitted by a Cleveland abortion clinic. The patient, who had stage III melanoma, “broke down and cried” after learning she would have to travel outside of the state for an abortion so she could begin cancer treatment. Cancer treatments can be harmful to the fetus, so patients are often given the option of abortion before beginning treatment.

“Does a law that prevents a cancer patient from getting lifesaving treatment infringe on those rights? The answer is obviously it does,” Judge Jenkins said. The plaintiffs said they were “relieved that patients in Ohio can continue to access abortion as we work to fight this unjust and dangerous ban in court.”

“The preliminary injunction will be in place for the duration of our case, which means abortions will be legal in Ohio for a period much, much longer” than the initial suspension, they added.

Source Article from https://www.nytimes.com/2022/10/07/us/ohio-abortion-ban-suspension.html

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