Ohio Ruling Grants Preliminary Injunction Against Unconstitutional Medication Abortion Restrictions

CINCINNATI, Ohio — On Aug. 29, the Hamilton County Court of Common Pleas granted a preliminary injunction in a case filed on behalf of abortion clinics and health care providers by the American Civil Liberties Union, the ACLU of Ohio, Planned Parenthood Federation of America, the law firm WilmerHale, and Fanon Rucker of the Cochran Law Firm regarding certain Ohio restrictions on access to medication abortion. Shortly after the Ohio Reproductive Freedom Amendment to the Ohio Constitution took effect in December of 2023, the plaintiffs challenged a series of laws that, together, prevent advanced practice clinicians — such as physician assistants, nurse practitioners, and certified nurse midwives — from providing medication abortion, and a law that blocks providers from prescribing mifepristone for abortion according to the best medical evidence. As the court held in its preliminary injunction decision, these laws are likely unconstitutional under Ohio’s Reproductive Freedom Amendment. This decision was the second historic application of Ohio’s new Reproductive Freedom Amendment.

The preliminary injunction will block state officials from enforcing these unconstitutional laws while the case continues on the merits. An earlier preliminary injunction in the case, which remains in effect, blocks Ohio from enforcing its ban on telehealth abortions.

Statement from American Civil Liberties Union, the ACLU of Ohio, Planned Parenthood Federation of America, Planned Parenthood of Greater Ohio, and Planned Parenthood Southwest Ohio Region:

“We are relieved by the court’s decision to grant a preliminary injunction that will allow more Ohioans to access vital reproductive health care by preventing enforcement of these harmful and medically unnecessary restrictions. The more options people have – such as having more providers to choose from, and being able to access medication abortion later in their pregnancies — the more empowered they are to make the decisions that are best for them, and to obtain the time-sensitive care that they desire without suffering unnecessary harms to their physical, financial, and emotional well-being. We will continue to fight for the reproductive rights of all Ohioans and work to dismantle abortion restrictions.”