Ohio Supreme Court Orders Parties to File Briefs in Abortion Case

The case of Preterm-Cleveland v Yost has some movement today vis-à-vis the recent passage of Issue 1 in Ohio.  The parties were ordered to file simultaneous briefs that address the effect on the case, if any, of the passage of Issue 1.  The briefs are due December 7.

The Preterm case involves a challenge to Ohio’s law (passed by the legislature in 2019) which outlaws abortion after six weeks.  Issue 1 was a citizen-initiated constitutional amendment that was adopted on November 7, 2023, by a majority of votes.  It codified reproductive rights in the Ohio Constitution, including contraception, fertility treatment, whether to continue one’s own pregnancy, and miscarriage care, restoring Roe v. Wade-era access in Ohio and protecting the right to abortion up to the point of fetal viability while permitting restrictions after.