Ohio’s First District Court of Appeals Denies State’s Request to Take Up Six-Week Abortion Ban, Sends Case Back to Hamilton County Court of Common Pleas

CINCINNATI – Today, the First District Court of Appeals denied the State’s request to take up the appeal of the preliminary injunction granted by the Hamilton County Court of Common Pleas in providers’ challenge to Ohio’s six-week abortion ban. The Appeals Court sent the case back to the lower court to continue, and complete, proceedings in the case. The plaintiffs successfully argued that Ohio appeals courts may only review final orders, not preliminary injunctions that preserve the status quo.

The American Civil Liberties Union, ACLU of Ohio, Planned Parenthood Federation of America, and the law firm WilmerHale will now continue the litigation in trial court to obtain a permanent injunction on behalf of Ohio abortion providers. The court will next hold a case management conference to set a schedule for discovery and pretrial proceedings. As long as the October 7 preliminary injunction remains in place, it ensures that abortion up to 22 weeks of pregnancy remains legal in Ohio.

Statement from leaders from Planned Parenthood Federation of America, Planned Parenthood of Greater Ohio, Planned Parenthood Southwest Ohio, the American Civil Liberties Union, ACLU of Ohio, Preterm-Cleveland, Women’s Med Group Professional Corporation, Northeast Ohio Women’s Center, Toledo Women’s Center, and Dr. Sharon Liner:

“We are pleased that the appeal was correctly dismissed for lack of jurisdiction and that the case will continue before the trial court towards a final decision on the merits. The state will fight us every step of the way but we know that Senate Bill 23 violates the Ohio Constitution and we are confident that the law is on our side.”

The ruling is here: https://www.acluohio.org/sites/default/files/field_documents/releases-op…