What could Texas abortion law mean for Ohio?
A Texas law that bans most abortions after six weeks into pregnancy is reverberating across Ohio as advocates for access caution the Buckeye State could wind up with similar restrictions on the books.
After all, Ohio already tried it. Republican Gov. Mike Dewine signed legislation in 2019 that bans abortions after a fetal heartbeat is detected, marking the end of a yearslong effort by one Ohio activist to shut down abortions. It also established the state as a trailblazer for anti-abortion policies in the United States.
But before the law could take effect, a federal judge blocked it on the grounds that it would place an “undue burden” on a woman’s right to choose a pre-viability abortion.
Now, advocates on both sides of the debate in Ohio are watching Texas and
waiting on another U.S. Supreme Court ruling that could unravel the constitutional right to abortion established under Roe v. Wade.
“People should be able to get abortion care, and it should be simple,” said Kellie Copeland, executive director of NARAL Pro-choice Ohio. “You should be able to get it in your community without judgment, delay, all this political drama.”
Texas abortion law vs. Ohio abortion law
The law enacted in Texas is similar to Ohio’s blocked statute in that it bans abortions when a fetal heartbeat is detected – with no exceptions for cases of rape or incest – unless the procedure is necessary for a medical emergency.
The key difference? Texas’ law relies on private citizens, not the state government, to enforce the law by suing those who help someone get an abortion after the cutoff. The Supreme Court on Wednesday declined to block the law, attributing their decision in part to the unusual enforcement mechanism.
“This law was designed to be insulated from challenge,” said Jessie Hill, a law professor at Case Western Reserve University and former attorney for the American Civil Liberties Union.
Ohio Republicans have applauded the measure and say there will likely be conversations about whether they should propose something similar.
“I think that could be done,” state Rep. Kyle Koehler, R-springfield, said. “I’m not sure if that’s something we will need to do or if we can just wait until the Supreme Court eventually rules on ours.”
Sen. Kristina Roegner, R-hudson, agreed, saying state governments often learn from each other and follow best practices.
“With the success that Texas had, I would not be surprised if Ohio and other pro-life states follow suit,” she said in a text message.
SCOTUS case is ‘ultimate showdown’
Despite the developments in Texas, a pending Supreme Court case is seen as the greatest inflection point for abortion access in Ohio.
The court will review a Mississippi law that bans most abortions after 15 weeks – before a fetus is considered viable under current legal standards – and decide whether such laws are unconstitutional. Anti-abortion advocates hope the conservative majority will use the case to toss out Roe and allow states to regulate the procedure.
“The ultimate showdown is the Mississippi case,” said Ohio Right to Life president Mike Gonidakis.
Because of that, Gonidakis says Ohio’s biggest priority should be passing legislation that would criminalize abortions if Roe is overturned. The bill bans abortion entirely – not just after six weeks – unless it’s necessary “to prevent the death of the pregnant woman or a serious risk of the substantial and irreversible impairment of a major bodily function.”
“Amending or modifying our heartbeat bill now won’t make any additional impact now,” Gonidakis said.
Haley Bemiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.