The Gavel outside the Supreme Court of the State of Ohio. (Photo by Graham Stokes for Ohio Capital Journal. Republish photo only with original article.)
The Ohio Supreme Court will inevitably rule on abortion access decisions following the passage of last year’s reproductive rights amendment — meaning whichever justices are elected this year will help determine what abortion care looks like in Ohio.
Despite 57% of Ohio voters approving the 2023 amendment to enshrine reproductive rights in the state’s constitution, this did not undo the many anti-abortion laws that are on the books in Ohio.
“If you came out and voted for the reproductive freedom amendment last year, you need to come back out and vote for Supreme Court justices who will enforce the amendment, not ignore it,” said Abortion Forward Deputy Director Jaime Miracle. “To make the reproductive freedom amendment a reality in our state, we need to have judges who will enforce it.”
Republicans currently hold a 4-3 majority on the Ohio Supreme Court.
Incumbent Democratic Justice Michael P. Donnelly is being challenged by Republican Hamilton County Court of Common Pleas Judge Megan Shanahan.
Incumbent Democratic Justice Melody Stewart is being challenged by incumbent Republican Justice Joseph Deters, who decided not to run for his current seat and instead chose to go up against Stewart.
Democratic candidate Lisa Forbes, of the Eighth District Court of Appeals, and Republican candidate Dan Hawkins, of the Franklin County Court of Common Pleas, are fighting for Deters’ open seat.
Ohio Right to Life endorsed the Republican candidates — Shanahan, Deters, and Hawkins.
“Ohioans desire a strong and decisive judicial branch and with three of the seven seats on the ballot, it is crucial for pro-life voters to support these conservative candidates,” President of Ohio Right to Life Mike Gonidakis said in a statement. “We must get these three justices elected to protect life in our state. … Elections have consequences, and we are incredibly aware of the importance of these elections for the continued progress of the pro-life movement in Ohio.”
Abortion Forward endorsed the Democrat candidates — Stewart, Donnelly, and Forbes.
“Reproductive freedom and abortion rights are on the ballot in Ohio in 2024, but this time it’s in the form of judicial candidates,” Abortion Forward Executive Director Kellie Copeland said in a statement. “The Ohio Reproductive Freedom Amendment established a clear framework protecting everyone’s right to access abortion, but it is up to our court system to make sure that this amendment doesn’t just become a meaningless piece of paper. We need justices that will enforce and not ignore it.”
The seven justices on the Ohio Supreme Court will have the final say.
“They will be the ones who determine whether or not the Ohio reproductive freedom amendment will get enforced or if they’ll just ignore it,” Miracle said.
Ohio has passed more than 30 different abortion restrictions on abortion and reproductive health care since former Ohio Gov. John Kasich took office in 2011, she said.
There are two ways to undo those laws — the legislature repealing them or the court ruling they are unconstitutional under the amendment.
“Under our current legislature, it’s never going to happen,” Miracle said. “So the courts really are the only vehicle right now to get these harmful and dangerous abortion restrictions off the books.”
A recent preliminary injunction was granted that temporarily paused Ohio’s 24 hour waiting period — meaning a woman seeking an abortion in Ohio no longer needs to go to an abortion clinic twice before the procedure.
“It really was the first concrete example of what abortion access can look like under the reproductive freedom amendment and why it’s so important to have judges who enforce the amendment not ignore it,” Miracle said. “It’s the difference between having a right and having that right in force. And that’s what the court gets to decide.”
This ruling also affects people in neighboring states with near total bans like Indiana, Kentucky and West Virginia.
Within hours of the Dobbs decision and the overturning of Roe v. Wade in 2022, Ohio’s six-week abortion took effect.
“The Ohio Supreme Court could have taken action when they were asked to take action, and they did not,” Miracle said. “And the Republican incumbents who were running for office are still there, and so that’s what a court can look like when it’s hostile to abortion rights.”
Ohio’s six-week abortion ban law is in front of Hamilton County Court. Gov. Mike DeWine signed the abortion law with no exceptions for rape or incest in 2019.
Follow OCJ Reporter Megan Henry on X.
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