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Attorneys for Ohio abortion clinics file lawsuit, claim state’s 'heartbeat law' violates Ohio Constitution

Attorney General Dave Yost, Ohio Department of Health Director Dr. Bruce Vanderhoff, and Franklin County Prosecutor Gary Tyack are among those named in the lawsuit.

COLUMBUS, Ohio — Attorneys for abortion clinics in Ohio argue the newly enforced “heartbeat law” violates fundamental rights under the Ohio Constitution.

“This near-total ban on abortion denies Ohioans their fundamental rights guaranteed by the Ohio Constitution, including the right to abortion,” the lawsuit states.

It goes on to ask Attorney General Dave Yost, Ohio Department of Health Director Dr. Bruce Vanderhoff, several county prosecutors (including Franklin County) and the State Medical Board of Ohio to abide by the pre-existing age restriction of 22 weeks from the first day of a patient’s last menstrual period and not the new law, which brings that down to six weeks when many women don’t get know they are pregnant.

The lawsuit filed Wednesday states the law “violates the Ohio constitution and significantly and irreparably harms their physical, mental, and emotional health and well-being.”

It goes on to state the law discriminates against women.

10TV has reached out to the Attorney General’s Office, Ohio Department of Health and the Franklin County Prosecutor’s Office.

The prosecutor's office and the Department of Health declined to comment. 

Yost issued the following statement regarding the lawsuit:

"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."

Ohio Right to Life President Mike Gonidakis released the following statement:

The Ohio Supreme Court does not have jurisdiction in mandamus cases where, as here, there is an adequate remedy at law through a declaratory judgement and injunction action in a common pleas court—wholly apart from the meritless nature of the Complaint.

Clearly, the Plaintiffs believe there is a pro-abortion majority on the Ohio Supreme Court that likely will be lost this November.

Thus, Plaintiffs do not want to file in a Common Pleas Court but want the current Supreme Court to declare a fake right to an abortion in Ohio right now.

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.”

This story will be updated.

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