The law, signed by Gov. Mike DeWine in April 2019, prohibits most abortions once cardiac activity can be detected.
“The problem with the First District's ruling is that, if it’s right, then all 88 common pleas courts can unilaterally, indefinitely suspend operation of state law for as long as it takes to conduct discovery, to hold the trial and issue an injunction,” Flowers told the court.
Preterm's attorney, B. Jessie Hill, argued that the state's decision to appeal the stay at the Ohio Supreme Court defies “long-standing, well-established rules" on such actions. “They are not in a position to hire an attorney, bring a lawsuit, seek an injunction, and then, even if they were to bring it, they’re not going to remain pregnant for very long,” she said.
But when he suggested that abortion clinics also could not prove the necessary “close relationship” to the category of people covered under the suit, and that their business interests in conducting abortions represent a conflict of interest, Justice Jennifer Brunner pushed back.
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