Ohio prosecutors disagree on opposing ‘Heartbeat Bill’ after lawsuit filed

The Ohio Supreme Court quickly ordered the named defendants to file their responses by noon Thursday.

Cuyahoga County District Attorney Michael O’Malley and Franklin County District Attorney Gary Tyack filed terse responses saying they do not oppose granting a stay of enforcement. SB 23.

ExploreOhio Impact: ‘Heartbeat Bill’ is now law, says attorney general

Yost filed a 63-page response, beginning with a section against Roe in general. It further indicates that the plaintiffs are asking the Ohio Supreme Court to “go the way of Roe.”

Those were the only responses posted on the Supreme Court’s Case Information page Thursday afternoon, though a notice was filed that Montgomery County Assistant Attorney Ward Barrentine will represent the Montgomery County Attorney. Montgomery, Mathias Heck, in the case.

“If this Court creates a right to abortion, the state court system will be faced with a flood of cases challenging every detail of the many laws governing abortion,” Yost’s filing says, arguing that abortion would become the center of all Ohio judicial elections.

Yost says abortion was illegal under Ohio law for nearly 140 years before Roe, and that – contrary to plaintiffs’ assertions – nothing in the state constitution can “reasonably be construed to confer a right to abortion.

Plaintiffs can and should make their claim in lower courts, so the state Supreme Court does not have original jurisdiction in the case, Yost’s filing indicates.

ExploreRoe V. Wade overthrown: Who it will impact in Ohio

The lawsuit seeks to have SB 23 declared unconstitutional and revert to Ohio’s previous standard, which banned nearly all abortions 22 weeks after the start of the mother’s last menstrual period.

Plaintiffs argue that many women have no physical indicators of pregnancy at six weeks and that different menstrual patterns make conception dates uncertain. The ban on nearly all abortions discriminates against women, especially poor and minority women who receive the majority of abortions and can least afford their refusal, the lawsuit says.

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