Attorney General Dana Nessel has filed a brief opposing an Ohio law prohibiting abortions if one of the reasons is that the fetus has Down Syndrome.
In December 2017, Ohio passed a law criminalizing abortion in certain cases, at all stages of pregnancy. Preterm-Cleveland, a medical facility, challenged the constitutionality of the law and successfully blocked its enforcement, which was to go into effect in March 2018.
The decision was then appealed to the U.S. Court of Appeals for the Sixth Circuit, which upheld the district court’s preliminary injunction to block the law. Ohio sought further review of the decision, petitioning the Sixth Circuit to hear the appeal before all the judges of the court.
“This law is part of a concerted effort to overturn Roe v. Wade and to take states – including Michigan – back to the dark ages where women were forced to resort to back-alley abortions for fear of criminal prosecution,” Nessel said. “Women should have access to abortion services, no matter what state they live in. I will always fight for women’s reproductive rights.”
In the brief filed on Feb. 19, Nessel and a coalition of attorneys general restate their support for Preterm-Cleveland and the injunction, arguing that Ohio’s law is incompatible with the precedent established with Roe v. Wade.
Nessel is joined in filing the brief by the attorneys general of California, Connecticut, Colorado, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Nevada, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington.