In 2019 the Ohio Heartbeat Bill (SB 23), which banned abortions after a fetal heartbeat is detected, was signed into law by Governor Mike DeWine. Racing to the courthouse, Ohio pro-choice groups almost immediately filed lawsuits and within two months a federal judge granted a preliminary injunction stopping it from going into effect.
The same day the US Supreme Court struck down Roe v Wade, Ohio Attorney General Dave Yost filed motions with federal courts lifting injunctions that blocked the Ohio Heartbeat Bill from going into effect.
Within days of Yost's filings and the Heartbeat Bill finally becoming law - the ACLU & Planned Parenthood, ignoring the law & lower courts this time, raced right to the top and filed suit in the Ohio Supreme Court....
"In making that request, Plaintiffs are asking the Ohio Supreme Court Justices to violate the constitutional limits of its jurisdiction, in violation of their oaths of office.
Ohio Attorney General Dave Yost released a statement on the ACLU Lawsuit filed with the Ohio Supreme Court as well:
"Races don't start at the finish line, and lawsuits don't start in the final court. Aside from filing the wrong action in the wrong court, they are wrong as well on Ohio law. Abortion is not in the Ohio Constitution." More...
With the Republican controlled Ohio Supreme Court not moving fast enough for their liberal liking, they withdrew their case and joined with a case in front of a liberal Democrat judge in Hamilton County who granted them a 14 day temporary restraining order put the Heartbeat Bill back on hold....
Hamilton County Judge Christian Jenkins issued a temporary restraining order that will stop the law’s implementation for 14 days, with pro-abortion activists now asking the judge to issue a preliminary injunction that would further block the law for the duration of the case.
Jenkins granted the pause in part because he believes the plaintiffs have a substantially likely chance of winning the case under protections granted by the state’s constitution.
“No great stretch is required to find that Ohio law recognizes a fundamental right to privacy, procreation, bodily integrity and freedom of choice in health care decision making,” Jenkins wrote in the ruling. More...
So as it stands now - the Heartbeat Bill is on hold until further notice. The Democrat judge can grant a permanent injunction placing it on hold until the case is settled. This shopping of courts to find a friendly judge is typical of the left and why judicial races AT EVERY LEVEL are so important.
You can be sure the Heartbeat Bill will end up in front of the Ohio Supreme Court before it is all over. Currently the Ohio Supreme Court has a 4-3 Republican majority. But that majority is in play with the upcoming 2022 elections -- and the races are close.
Justice Pat DeWine (R) and Justice Pat Fisher (R) both have challengers. And Chief Justice Maureen O'Connor is aged out and can no longer run. New polls show these races too close to call.
Justice Sharon Kennedy, a good solid conservative Republican, and Justice Jennifer Brunner, a flaming liberal democrat are running to replace O'Connor as Chief Justice. One of their two remaining seats will be appointed by the next Governor of Ohio!
Yes - the next Governor of Ohio will be making an appointment to fill the vacant seat of either Justice Kennedy or Justice Brunner!
If a Democrat is appointed to fill the vacancy the Ohio Supreme court will flip to 4-3 Democrat control. If the Democrats take control of the Ohio Supreme Court - forget about the Heartbeat Bill and many other things we have fought for in Ohio!
So much for the so-called "smart people" ignorantly thinking that if Nan Whaley is our next Governor a GOP led State Legislature can keep her in check. The Democrats won't need the legislature - they will own the highest court in the state!
No comments:
Post a Comment