Stung by Abortion Vote, GOP Legislators in Ohio Move To Block Implementation of New Constitutional Amendment

On Wednesday, legislators in Ohio will convene for the first time since voters passed an amendment guaranteeing reproductive rights in the state, and some have said that they plan to attempt to obstruct the implementation of that amendment.Last week, voters in Ohio approved a state constitutional amendment guaranteeing the right to an abortion by a 56.6 percent to 43.4 percent margin. The amendment guarantees people the right to make decisions about their own reproductive medical treatment, namely abortion.The amendment specifically guarantees women the right to an abortion up to the point of fetal viability, generally around 24 weeks, which will be determined on a case-by-case basis by the treating physician.It allows legislators to restrict abortions after the point of viability. However, they are not allowed to restrict abortions in cases where a physician has determined it is necessary for the life or health of the mother.In a statement, some Ohio Republicans have said that they plan to strip the state’s court system of the authority to rule on matters concerning the new portion of the state constitution.“To prevent mischief by pro-abortion courts, Ohio legislators will consider removing jurisdiction from the judiciary over this ambiguous ballot initiative,” a group of Ohio Republicans said in a statement released Friday. “The Ohio legislature alone will consider what, if any, modifications to make to existing laws based on public hearings and input from legal experts on both sides.”One Ohio state representative, Beth Lear, explained the plan, saying, “No amendment can overturn the God given rights with which we were born.”The group of Republican lawmakers also claims, without offering any evidence, that there was “foreign election interference” in the election, and the state senate president, Matt Huffman, signaled that the GOP planned to bring new ballot measures to repeal the new amendment in the future.While Republicans who support steps to curtail implementing the new amendment appear to be in the minority in the Ohio state house and their own conference, an attorney with KFF, the group previously known as the Kaiser Family Foundation, Laurie Sobel, tells the Sun that these tactics are part of a broader strategy to challenge popularly passed amendments to state constitutions.“I have no idea who would have jurisdiction” if the GOP lawmakers move forward, she says, adding, “I’ve never seen a law being removed from the jurisdiction of a court.”Ms. Sobel says that taking issues relating to the new constitutional amendment out of the jurisdiction of the courts would be an unprecedented move.“To take it outside the right of a court to review, I’m not sure what that means,” Ms. Sobel says. “The constitution has to be part of the review.”In Michigan, the state Right to Live organization has challenged a constitutional amendment passed there, arguing that the right to an abortion in Michigan violates the American Constitution.“Under the Due Process Clause of the Fourteenth Amendment, no one may be required at peril of life, liberty or property to speculate as to the meaning of a law,” attorneys in the Michigan case argue. “All are entitled to be informed as to what the law commands or forbids.”The case in Michigan was brought in the federal court for the Western District of Michigan and appears to be aiming to get the Supreme Court to reconsider its decision to leave abortion policy decisions to the states.“This case seeks to protect and vindicate fundamental constitutional rights,” attorneys in Michigan write, adding that they think that rights guaranteed by the Constitution may not be “abridged by government, including state governments, whether through legislation, ballot initiatives, or other official acts.”In Kansas, the first state to vote overwhelmingly to protect abortion rights following the Dobbs v. Jackson Women’s Health Organization decision overturning Roe v. Wade, some state Republicans also sought to find ways around the new protections for abortion.In early 2023, lawmakers there introduced a piece of legislation that would allow for states and counties to restrict abortion access locally, though the bill was referred to committee in late January and remains there.The communications director for Pro-Choice Ohio, who also ran communications for the campaign behind the constitutional amendment in Ohio, Gabriel Mann, tells the Sun that lawmakers working to circumnavigate the constitution in Ohio “just need to stop.”“Voters have made this clear across the country,” Mr. Mann said. “This isn’t what people want their government doing.”Mr. Mann tells the Sun that the proposal in Ohio “is ludicrous and I think every member of the leadership is going to have to recognize that.”In Mr. Mann’s assessment, many of the voters who voted to guarantee abortion rights in Ohio did so because they were voting against government interference in their lives.“Ohio voters don’t want to see legislators use government as a weapon and that’s exactly what we saw during this campaign and what we’re seeing after,” Mr. Mann says.With abortion rights winning every time it has been on the ballot and potentially as many as 12 states considering an abortion-related ballot measure next year, efforts like these could be a blueprint for anti-abortion efforts in the future.

Stung by Abortion Vote, GOP Legislators in Ohio Move To Block Implementation of New Constitutional Amendment

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