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Ohio Legislature Seeks to Punish Women with Unconstitutional Bills During Lame Duck Session

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Written by Robin Marty for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

Just as promised, a "compromise" may have been reached between Ohio's anti-choice activist groups Ohio Right to Life and Faith2Action on the long blocked " heartbeat ban" that would make abortion illegal from the moment an embryonic heartbeat can be detected.

That compromise? Make it even more restrictive.

The "heartbeat ban" was always intended to be unconstitutional. The extreme group Faith2Action proposed it as a way to invoke a challenge to Roe v. Wade, allowing a possibility for the case to work its way through the court systems and end up in front of the Supreme Court. Ohio Right to Life, on the other hand, urged caution, worried that if the case made it all the way up the ladder, Roe would be reaffirmed rather than overturned.

Rumor has it that caution has been thrown out the window. Although previously anti-choice politicians showed reluctance to write a law so destined for a court challenge, now they have decided that rather than write a more constitutional bill, they will instead break it into pieces. Should the bill fail to overcome a legal challenge, the unconstitutional aspects of it can be dropped, and a defanged, more moderate set of  pre-termination restrictions will remain instead.

With that sort of "get out of jail free" card attached, the bill's backers have allegedly decided to go all out when it comes to unconstitutional abortion bans.

 

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