News 5 Cleveland, Ohio AG Fighting for "Other Provisions" in 6-Week Abortion Ban, Maintains Ban is Unconstitutional
Ohio Attorney General Dave Yost asked that the Hamilton County Court of Common Pleas throw out a lawsuit that would eliminate the six-week abortion ban, just months after saying that said ban would be void if voters chose to legalize and protect access to abortion.
Now, Yost’s team is explaining that although the filing has no explicit mention of this, the AG only wants to fight for "other provisions" — and not the ban itself.***
The AG’s office filed a procedural document Friday that responds to all claims that were made by six-week ban challengers, including Planned Parenthood and the ACLU of Ohio, and indicates arguments the office will make throughout the life of the lawsuit.
The response by the Attorney General’s Office is a common legal document that is required as part of the legal process, according to Case Western Reserve University constitutional law professor Jonathan Entin.
“The lawyer's job is to provide the strongest case with the strongest set of arguments available on behalf of the client's position,” Entin said. “The attorney general's client is the state.”
Tracy Thomas, University of Akron director of constitutional law, said it came as a surprise that the state attorney is continuing the lawsuit fight to try to save the law.
“Given the vote [on Issue 1], given the governor saying ‘we’re going to respect the vote,’ I think what was expected was not keeping this lawsuit going,” Thomas said.
Immediately after the abortion amendment passed, DeWine told News 5 that he did “certainly accept the results of Issue 1 in Ohio.””
But given the polarizing politics on the issue of abortion rights, Thomas said keeping the lawsuit going, if just to delay a ruling until more legislative decisions on reproductive rights can be made, could be one strategy at play.
“Laws and constitutions are only as good as the courts enforcing them,” she said.
February 9, 2024 in Abortion, Courts, Reproductive Rights | Permalink
| Comments (0)