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Permanent Injunction of “Heartbeat” Abortion Ban in Ohio

Client Alert
October 28, 2024

On October 24, 2024, Hamilton County Common Pleas Judge Christian Jenkins held that Ohio’s six-week abortion ban (i.e., the “heartbeat” abortion ban) is unconstitutional under the state’s recently adopted reproductive rights amendment.

Ohio’s heartbeat law banned abortion once a heartbeat was detected and as early as six weeks into a pregnancy. The heartbeat law criminalized medical providers who rendered abortion care when a heartbeat was detected; penalties included felony charges, $20,000 fines, medical license suspension and revocation, and civil claims.

Attorney General Dave Yost previously argued that the heartbeat abortion ban could still take effect in Ohio despite passage in November 2023 of an abortion rights constitutional amendment. Judge Jenkins disagreed, holding that Ohio’s constitutional reproductive rights amendment is unambiguous and clearly represents the will of Ohio’s voters. According to Jenkins, the constitutional amendment must be given full effect, and any state laws, including the heartbeat law, that contradict it, must be enjoined.

The practical significance of this ruling is to provide clarity to medical providers regarding their ability to provide women’s health care without facing criminal, civil, or financial penalties, or actions against their license.

If you have questions about the ruling, or Ohio’s reproductive rights amendment, please contact BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com  or Attorney Jordan Burdick at jaburdick@bmdllc.com.

HealthcareHealth LawReproductive Health CareAbortion
Client Alert

Protecting Your Image in the Age of AI-Generated “Deepfakes”

April 8, 2025The rapid evolution of artificial intelligence (AI) has transformed how we create and consume digital content, but it also poses significant risks. Among the most troubling developments in AI is the proliferation of AI-generated fraudulent content, often called “deepfakes”.Client Alert

Tariffs, Market Downturn, and Employment Considerations for Employers

April 7, 2025As tariffs continue to impact various industries, employers must prepare for the ripple effects these economic pressures can have on workforce management. The economic impact can dramatically impact companies’ bottom lines, and companies look to improve finances and save for the future and many will choose to reduce employee count/wages.Client Alert

Corporate Transparency Act Overhauled: U.S. Entities No Longer Required to Report

March 24, 2025The Department of Treasury has issued an interim final rule significantly altering the Corporate Transparency Act (CTA). As of March 21, 2025, all U.S.-created entities and their beneficial owners are exempt from reporting requirements. Only non-U.S. entities registered to do business in the U.S. must still report, but they are not required to disclose U.S. citizen owners. Business owners should stay informed on these changes and consult legal counsel for compliance guidance.Client Alert

ODM to Implement Medicaid Work Requirements: What Providers and Medicaid Expansion Recipients Need to Know

March 21, 2025The Ohio Department of Medicaid (ODM) has submitted a waiver to impose work requirements for Medicaid expansion recipients. If approved, the new eligibility criteria will take effect on January 1, 2026. A federal public comment period is open until April 7, 2025.Client Alert

Ohio Appellate Court Rules in Favor of Gender-Affirming Care

March 19, 2025On March 18, 2025, the 10th District Court of Appeals in Franklin County ruled that Ohio’s House Bill (HB) 68, which restricts puberty blockers and hormone therapy for minors seeking gender-affirming care, violates the Health Care Freedom Amendment and is therefore unenforceable. The court found that the law unlawfully interferes with parental rights and medical decision-making. The case, Moe v. Yost, has been remanded, and Ohio Attorney General Dave Yost intends to appeal.
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