An original action seeking a writ of mandamus was filed in the Ohio Supreme Court this week by several abortion providers seeking to block enforcement of Ohio's 6-week Heartbeat abortion law and reinstate the state's former 20-week provision. The complaint (full text) in State ex rel Preterm- Cleveland v. Yost, (Ohio Sup. Ct., filed 6/28/2022), contends various provisions in the Ohio Constitution protect abortion rights:
12. The Ohio Constitution’s Due Course of Law Clause, when read together with other distinctive provisions, including Article I, Sections 1, 16, and 21, establishes an independent right to abortion under the Ohio Constitution. That right is infringed by S.B. 23.
13. Captured within the substantive due process rights protected by the Due Course of Law Clause are the rights to reproductive autonomy and bodily integrity....
14. Likewise, Ohio’s Equal Protection and Benefit Clause provides broader protections than its federal analogue.
Ohio Capital Journal reports on the lawsuit.
