Page 6 - September-October-2022-CBA-Report

Pending Ohio Legislation
Can we expect an absolute ban on abortion care in Ohio’s future? There are a few bills that would impact the future of abortion in Ohio, if passed:
• HB 480 would make abortion at any stage illegal in Ohio, create a private right of civil action against viola- tors, and extends protections under Ohio law for “persons” to fertilized eggs starting at conception, possibly impacting in-vitro fertilization and birth control.15
• HB 704 would grant constitutional rights to an embryo at the moment of conception.16
• Senate Bill 304 would prohibit mailing of medication abortion pills to patients in Ohio.17
• Ohio Senate Joint Resolution 7 proposes a constitutional amendment to guarantee every individual a fundamental
right to reproductive freedom, including contraception, abor- tion care, miscarriage management and infer- tility care.18
IL IN
KY
Impact on Surrounding States
Following the institution of Ohio’s six-week abortion ban, those seeking abortion care may look to surrounding states. Abortion providers in Ohio have implemented patient navigation programs and abortion funds to assist people in coordinating abortion care across state lines. These programs provide assistance with financial screening, lodging, emotional support, and/or other resources needed. Though most surrounding states have some restrictions on abortion, Ohio and Kentucky are the most restrictive in the region.*
Federal Legislation
Congress can codify rights, including abortion protections, via legislation or by constitutional amendment. After Dobbs, two congressional bills aimed at protecting abortion rights were intro-
duced: the Women’s Health Protection Act, which would codify abortion rights protections into federal law25; and the Ensuring Access to Abortion Act,26 which would ban states from punishing patients who travel out of state for reproductive
MI
OH
WV
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KENTUCKY:
Abortion is illegal unless the pregnant person is at risk of serious injury or death.19
INDIANA:
Abortion is illegal unless the pregnant person is at risk of serious injury or death, with some exceptions for rape, incest and fatal fetal abnormalities.20
OHIO:
Abortion is legal until 6 weeks of pregnancy.
WEST VIRGINIA:
Abortion is legal up to
21 weeks, 6 days of pregnancy.22
MICHIGAN:
Abortion is legal until "viability," which is the stage of pregnancy when a fetus has developed enough that it is able to survive outside the uterus with medical help (usually happens around
24 to 26 weeks of pregnancy).21
ILLINOIS:
Abortion is legal until "viability."23
PENNSYLVANIA:
Abortion is legal up to
23 weeks, 6 days of pregnancy.24
PA
On-Demand CLE
DOBBS V. JACKSON WOMEN'S HEALTH ORGANIZATION: UNDERSTANDING A POST-ROE AMERICA
1.5 CLE Hours
Presented by
Prof. Jack B. Harrison, Chase College of Law