A federal judge has determined that Ohio’s Heartbeat Abortion Law should be struck down because it would create an “undue burden” on abortion access. Which, of course, was the point of it being passed by the state legislature.
Citing Planned Parenthood vs Casey, which established an “undue burden” threshold for abortion restrictions, Judge Michael R. Barrett ruled that the law must be struck down by the court. Barrett was a judicial appointee of George W. Bush.
Judge Barrett ruled, “This Court concludes that it places an ‘undue burden’ on a woman’s right to choose a pre-viability abortion, and, under Casey, Plaintiffs are certain to succeed on the merits of their claim.”
The judge continued, “[It] will have the effect of preventing nearly all abortions in Ohio…One could characterize the obstacle Ohio women will face as not merely ‘substantial,’ but, rather, ‘insurmountable.'”
Of course, again, providing an insurmountable burden for infanticide was why the Ohio legislature passed the law, and why the governor signed it.
Governor DeWine of Ohio was optimistic, saying he knew a judge would strike down the law and hoped that it would be appealed to the U.S. Supreme Court.
DeWine’s office told Reuters, “Governor DeWine has long believed that this issue would be decided by the United States Supreme Court.”
Sooner or later, America needs to reclaim the federalist checks and balances the founders envisioned and the Constitution ensures. Courts should be free to give their opinions, while the executive and legislative branches should be free (together) to curtail the court’s power.
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