Abortion-rights advocates urge court to permanently strike down ‘Heartbeat Bill’

Aug. 20--COLUMBUS -- Abortion-rights advocates on Tuesday urged a federal judge to permanently halt Ohio's new law prohibiting an abortion once a fetal heartbeat is detectable.

The move by clinics in Toledo and elsewhere, Planned Parenthood, and the American Civil Liberties Union of Ohio follows U.S. District Court Judge Michael R. Barrett's decision last month to preliminarily shelve the law while the legal challenge continues.

Senate Bill 23, the so-called "Heartbeat Bill," would prohibit abortions as early as six weeks into pregnancy, with few exceptions. The law is "blatantly unconstitutional," the motion contends.

The plaintiffs contend many women may not be aware they are pregnant before six weeks.

"...the vast majority of abortions in Ohio take place at or after six weeks of pregnancy," the motion reads. "Thus, SB 23 will prohibit almost all abortion care in Ohio. Defendants do not deny this fact."

Ohio is among multiple states where courts have at least preliminarily halted such laws, a move embraced by the laws' backers as a means to get a legal challenge before the U.S. Supreme Court.

They hope that changes in the court in recent years, most recently by President Trump's appointment of Justice Brett Kavanaugh, could lead to such a case being used to weaken the landmark 1973 Roe v. Wade decision that recognized abortion as an extension of a woman's right to privacy.

The high court has generally frowned on restrictions on access to abortion prior to the viability of a fetus, a line that has been a moving target in Ohio and other states in recent years. With the Heartbeat Bill on hold, Ohio law generally prohibits an abortion, with some exceptions, after 20 weeks of gestation.

Backers of the law have generally argued that the presence of a heartbeat can be a strong indicator of long-term viability of the fetus.

"From day one we have been transparent that our goal is to have the Ohio Heartbeat Bill presented to the United States Supreme Court to decide," Mike Gonidakis, president of Ohio Right to Life, said. "The ACLU's actions help expedite this process and our strategy.

"While they may achieve a small degree of success at the lower court level, we believe we will trump their backwards argument at either the 6th Circuit Court of Appeals or ultimately at the Supreme Court," Mr. Gonidakis said. "It is literally just a matter of time before Ohio will be abortion-free, and we have our pro-life super majorities in the Ohio legislature and Governor DeWine to thank for this."

Under Senate Bill 23, a doctor is required to test for a fetal heartbeat. A doctor who performs an abortion once a heartbeat is detectable could be charged with a fifth-degree felony, punishable by up to a year in jail and a fine of $2,500.

The doctor could also face a civil fine by the Ohio Medical Board of up to $20,000 and could face suspension or termination of their license while the clinic could lose its ambulatory surgical facility license.

"Nearly five decades ago, the Supreme Court struck down as unconstitutional a state criminal abortion statute proscribing all abortions except those performed to save the life of the pregnant woman," the motion for a permanent injunction reads.

Senate Bill 23 provides exceptions to save the patient's life or prevent "serious risk of the substantial and irreversible impairment of a major bodily function." There are no exceptions for cases in which rape or incest is involved.

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