POLITICS

Is abortion legal in Ohio, surrounding states? How access has changed since Roe v. Wade fell

Jessie Balmert
Cincinnati Enquirer

In the months since Roe v. Wade was overturned, Ohioans seeking abortions in surrounding states have faced a confusing, constantly shifting landscape as neighboring lawmakers pass new bans and judges issue conflicting opinions.

"I’m a law professor and even I am struggling to keep up with what’s going on everywhere," said attorney Jessie Hill, who is challenging Ohio's six-week abortion ban. "It’s extremely daunting."

Ohio law, which took effect hours after the U.S. Supreme Court's decision, prohibits doctors from performing abortions after cardiac activity is detected. That's about six weeks into a pregnancy, a dramatic reduction from the state's previous limit of 20 weeks.

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But Ohioans seeking abortions elsewhere don't always know where to go. By sending decisions about abortion back to the states, the U.S. Supreme Court has created 50 different standards for when and where the procedure is available, Hill said. "It’s absolutely predictable chaos resulting from the Supreme Court’s decision to overturn Roe v. Wade."

In Kentucky, the state's near-total abortion ban took effect immediately, triggered by the U.S. Supreme Court overturning the landmark abortion access case. The state's two clinics stopped performing abortions.

A month later, abortion was legal in Kentucky again, reinstated by a Jefferson circuit judge's decision. That lasted just over a week before an appeals court judge reinstated the abortion ban at the request of Republican Attorney General Daniel Cameron. The Kentucky Supreme Court followed suit, keeping the ban in place while justices review the case against it.

Then, there's Michigan. The state had a pre-Roe ban on abortions that was quickly blocked by a lawsuit filed by Democratic Gov. Gretchen Whitmer. But, in early August, an appeals court decision allowed county prosecutors to charge doctors who performed abortions. Republican prosecutors rejoiced, but even that was short-lived. Another judge recently ruled that county prosecutors could not enforce the state's 1931 abortion ban.

Michiganders could vote on enshrining abortion access into the state's Constitution this November, but that effort hasn't cleared all the hurdles. The Michigan Supreme Court could decide the ballot effort's fate.

In Ohio, abortion providers filed a new lawsuit Friday, seeking relief from the state's six-week abortion ban after the Ohio Supreme Court did not block it right away.

One Ohio abortion clinic in Dayton plans to close in mid-September if nothing changes. And Ohio's GOP-controlled Legislature plans to ban nearly all abortions after the November elections.

Is abortion legal in other Midwest states?

Indiana lawmakers recently passed a near-total abortion ban, which takes effect on Sept. 15. The new law has exceptions for rape or incest up to 10 weeks, the life or severe health of the mother, or fatal fetal anomalies.

The American Civil Liberties Union of Indiana and Planned Parenthood sued to block the law from taking effect. That case is still pending.

In West Virginia, abortion is legal up until 20 weeks into pregnancy. A judge blocked an 1800s-era law banning the procedure and Republican lawmakers have yet to pass new restrictions to criminalize abortion despite convening a special session, according to the Associated Press.

Pennsylvania permits abortion up until 24 weeks into pregnancy. Pennsylvania's GOP lawmakers are pushing for a constitutional amendment that would say there's no right to an abortion in the state. The state's Democratic Gov. Tom Wolf has blocked other GOP proposals to restrict abortion there.

What is next for abortion in Ohio?

Ohio's GOP senators are expected to introduce a ban on most abortions after the November elections. A House bill to ban abortion from conception was also introduced but has yet to receive any hearings.

Republicans won't have the votes for any restrictions to take effect immediately after Gov. Mike DeWine signs a bill. The law would take effect 90 days later.

Abortion rights activists are considering a constitutional amendment to restore access, but that wouldn't be on the ballot until 2023 at the earliest. No language has been proposed to date.

Jessie Balmert is a reporter for the USA TODAY Network Ohio Bureau, which serves the Akron Beacon Journal, Cincinnati Enquirer, Columbus Dispatch and 18 other affiliated news organizations across Ohio.

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