Topline
Ohio Republican legislators introduced Tuesday legislation that imitates Texas' controversial abortion law but goes one step further and bans all abortions. Ohio is now the second state to have such a bill. The Supreme Court will decide if the law is legal.
Women rights activists wave signs at Freedom Plaza as they gather for a pre-march rally organized by the... [+] Annual Womens March October 2, Washington, DC. Getty Images
The Key Facts
Private citizens could sue anyone who facilitates abortion in Ohio, which is similar to Texas Senate Bill 8(SB 8). If they are successful, they can get at least $10,000 in damages. Although the total ban on abortion in the bill is stricter than SB 8, it allows abortions for women whose lives are in imminent danger. It does not allow for abortions after six weeks. However, the law does allow for abortions when the mother's life is in peril. In September, a Florida GOP lawmaker introduced a copycat SB 8 bill. It is similar to the Texas law that bans abortions for approximately six weeks. Arkansas State Senator Jason Rapert stated that he plans to soon introduce legislation similar to SB 8. Missouri state Rep. Mary Elizabeth Coleman said in September that she will introduce a bill in December/January. States like Mississippi, North Dakota, and Indiana expressed interest in adopting SB 8. The South Dakota governor. Kristi Noem tweeted that after the Texas law went into effect, she had instructed her office to review SB 8 in South Dakota and South Dakota's abortion laws immediately to ensure the strongest pro-life laws.
What to Watch
According to the Associated Press, the Ohio bill has already been supported by more than half the Republican caucus members of the Ohio House. This gives it potential momentum, but it is not clear if it will also be passed the state Senate. Elisabeth Smith is the director of state policy advocacy at the Center for Reproductive Rights. She predicted that the majority of copycat SB 8 bills would be introduced by ABC News in the early part of next year.
What we don't know
The Supreme Court will decide whether SB 8and the bills that are based on it will be upheld in court. The Supreme Court heard Monday arguments in two cases challenging the abortion law. It has not yet decided whether or not the cases can proceed. However, several conservative justices indicated that they might be inclined to side with Texas in a case brought forward by abortion providers.
Tangent
SB 8 may be able to stand up in court and not just the abortion bills that other state legislators try to pass. Opponents of the abortion bill have warned that the lawsuit provision that authorizes private citizens to enforce the law may extend to other issues such as gun control and same-sex marriage.
Chief Critic
Lauren Blauvelt Copelin, Vice President of Government Affairs at Planned Parenthood Advocates of Ohio said Tuesday that banning abortion would cause widespread destruction in Ohio. Anti-abortion vigilantes and lawmakers have no right to make personal medical decisions about their neighbors.
Important Background
The most severe abortion law in America, SB 8, went into effect on September 1. This law is part a larger effort by GOP state legislators to ban or restrict abortion. The Guttmacher Institute reports that more than 100 restrictions on abortion have been passed this year, the most in one year. Other states' abortion bans were swiftly overturned in court. However, SB 8's lawsuit provision was intended to avoid judicial scrutiny and make it attractive for other states to adopt. It is difficult to identify defendants who can be prevented from enforcing law. This strategy has been largely successful, with the Supreme Court ruling once in favor of it and a federal appeals court allowing SB 8 to continue in force while litigation against it proceeds.
Continue reading
Two Ohio legislators introduce Texas-style restrictions on abortion (Associated Press).
Florida Lawmaker Introduces a Copy of Texas Abortion LawGOP Politicians in Other States Are Likely to Follow (Forbes).
Texas Abortion Law: Conservative Supreme Court Justices Sign Willingness to Rule Against SB 8
Los Angeles Times: The Texas new abortion law is becoming a model state (Los Angeles Times).
