
Planned Parenthood Southwest Ohio Region, et al. v. Ohio Department of Health, et al.
What's at Stake
In December 2020, Ohio Governor Mike DeWine signed into law Senate Bill 27, a fetal tissue disposal requirement that mandates burial or cremation of all embryonic and fetal tissue from a procedural abortion, imposing severe burdens on patients and stigmatizing essential care. On January 31, 2022, an Ohio judge found that S.B. 27 violates the Ohio state constitution’s guarantees of due process and equal protection.
Summary
The victory comes after the ACLU and partners filed two rounds of papers seeking a preliminary injunction to block the law from taking effect. On March 9, 2021, the ACLU filed the lawsuit in Hamilton County Court of Common Pleas, requesting a court order that clinics not be exposed to penalties under S.B. 27. The law was set to go into effect on April 6, 2021, and an Ohio judge granted a preliminary injunction on April 5 that temporarily halted enforcement of the law, because compliance would have been impossible due to the Ohio Department of Health’s (ODH) failure to establish or issue necessary rules and regulations.
The judge’s April order prohibited ODH from enforcing the law until 30 days after the rulemaking process. ODH completed that process on January 9, 2022, with ODH set to enforce the law and its accompanying rules starting on February 8, 2022. In order to prevent this, on January 7, 2022, the ACLU sought a second preliminary injunction with the court. On January 31, 2022, the court found that S.B. 27 violates the state constitution and issued a second injunction further prohibiting its enforcement. The law will remain unenforceable at least until the state court judge issues a final judgment.
This lawsuit was filed by Planned Parenthood Federation of America, the ACLU, ACLU of Ohio, along with Fanon A. Rucker of The Cochran Firm-OH on behalf of Ohio abortion providers.
Legal Documents
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08/09/2022
PLANNED PARENTHOOD SOUTHWEST OHIO REGION, ET AL., V. MCCLOUD, ET AL.: Plaintiff Motion for Summary Judgement
Date Filed: 08/09/2022
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05/10/2021
Planned Parenthood Southwest Ohio Region v. Ohio Department of Health - Defs.' Answer to Complaint
Date Filed: 05/10/2021
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04/05/2021
Planned Parenthood Southwest Ohio Region v. Ohio Department of Health - Order Granting Pls.' Motion for Preliminary Injunction
Date Filed: 04/05/2021
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04/02/2021
Planned Parenthood Southwest Ohio Region v. Ohio Department of Health - Pls.' Reply in Support of Preliminary Injunction
Date Filed: 04/02/2021
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04/01/2021
Planned Parenthood Southwest Ohio Region v. Ohio Department of Health - Defs.' Opposition to Motion for Preliminary Injunction
Date Filed: 04/01/2021
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03/12/2021
Planned Parenthood Southwest Ohio Region v. Ohio Department of Health - Order Denying TRO
Date Filed: 03/12/2021
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03/11/2021
Planned Parenthood Southwest Ohio Region v. Ohio Department of Health - State Defs.' Opposition to TRO Motion
Date Filed: 03/11/2021
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03/09/2021
Planned Parenthood Southwest Ohio Region v. Ohio Department of Health - TRO Motion
Date Filed: 03/09/2021
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03/09/2021
Planned Parenthood Southwest Ohio Region v. Ohio Department of Health - Complaint
Date Filed: 03/09/2021
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01/31/2022
Planned Parenthood Southwest Ohio Region v. Ohio Department of Health - Order Granting Pls.' 2nd Motion for Preliminary Injunction
Date Filed: 01/31/2022
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01/26/2022
Planned Parenthood Southwest Ohio Region v. Ohio Department of Health - Pls.' Reply Brief in Support of 2nd Motion for Preliminary Injunction
Date Filed: 01/26/2022
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01/19/2022
Planned Parenthood Southwest Ohio Region v. Ohio Department of Health - Defs.' Opposition to Pls.' 2nd Motion for Preliminary Injunction
Date Filed: 01/19/2022
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01/17/2022
Planned Parenthood Southwest Ohio Region v. Ohio Department of Health - 1st Amended Complaint for Declaratory & Injunctive Relief
Date Filed: 01/17/2022
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01/07/2022
Planned Parenthood Southwest Ohio Region v. Ohio Department of Health - Pls.' 2nd Motion for Preliminary Injunction
Date Filed: 01/07/2022