Breaking News Archive 2004
Partial-Birth Abortion Is Now Illegal In Ohio!!!!
Ohio’s Partial-Birth Abortion Ban Is In Effect
Since abortionist, Martin Haskell is not appealing the Sixth Circuit Court of Appeals ruling against him, the same Court has vacated the permanent injunction against enforcing Ohio’s Partial-Birth Abortion Ban. According to the Ohio Attorney General’s office,
the law is now in effect!
Abortionist, Martin Haskell, is a pioneer of the gruesome partial-birth abortion procedure. Through the Womens Medical Professional Corp, he operates abortion mills in Dayton and Cincinnati, Ohio. Mr. Haskell has notified the US Sixth Circuit Court of Appeals they do not intend to file an appeal with the US Supreme Court in Womens Medical Professional Corp. v. Taft, the case challenging the constitutionality of Ohios law banning partial-birth abortion.
On December 17, 2003, a 3-judge panel of the US Sixth Circuit Court of Appeals reversed a District Court decision by a 2-1 vote and found Ohios law to be constitutional. On April 1, 2004, the full US Court of Appeals for the Sixth Circuit denied a petition for rehearing by the full court. The decision not to appeal to the US Supreme Court means that Ohios Partial Birth Abortion Ban Act will go into effect.
In June 2000, the US Supreme Court applied the Roe v. Wade decision to strike down a Nebraska law banning partial birth abortion. Ohios statute is the only state partial birth abortion ban that has been upheld by any court since the Supreme Courts Nebraska decision. A January 2003 Gallup poll found that 70% of Americans favored outlawing the partial birth abortion procedure.
Ohios partial birth abortion statute differs from both the Nebraska act and the 2003 federal partial birth abortion ban (which has been held unconstitutional by a federal district judge in San Francisco and is being challenged in 2 other federal district courts). The Nebraska and federal bills have exceptions only when the life of the mother is endangered. The Ohio statute also has an exception when the health of the mother would be endangered by a serious risk of the substantial and irreversible impairment of a major bodily function.
While it is tragic partial-birth abortion will continue outside of the state of Ohio, it is an important step toward stopping this horrible procedure that kills a baby during delivery.
The US Court of Appeals for the Sixth Circuit reviews appeals from the federal district courts in Kentucky, Michigan, Ohio and Tennessee.
Our thanks to Mark Lally, legal counsel to Ohio Right to Life, for providing much of this information.
06/29/04
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