The Ohio legislature passed a bill this week banning abortions in the state after a baby’s first heartbeat, or roughly six weeks into a pregnancy — a move seen by many as evidence of an emboldened pro-life movement in response to the election of Donald Trump as president.
The “Heartbeat Bill,” which was included as an amendment in a child abuse reporting bill, heads to the desk of Republican Gov. John Kasich, who has 10 days to decide whether to sign the bill, veto it in its entirety or use a line-item veto to remove the abortion ban. If he does nothing, the bill would become law early next year.
The legislation passed the Ohio Senate by a 21-10 vote Tuesday and was subsequently approved in the general assembly by a 56-39 margin.
The bill would give Ohio one of the most restrictive policies toward abortion in the nation. The measure makes it a felony for abortionists to fail to check for a fetal heartbeat prior to an abortion or to carry out the procedure after one is detected, punishable by up to one year in prison.
If Mr. Kasich signs the bill, a court fight would likely ensue. Similar measures have been struck down in North Dakota and Arkansas, and the American Civil Liberties Union of Ohio has already promised to challenge the legality of the bill should it become law.
The governor has previously indicated that he is opposed to heartbeat bills due to concerns over their legality.
NARAL Pro-Choice America said the bill is “unconstitutional” and “would block access to safe and legal abortion before most women even know they’re pregnant.”
But the pro-life movement’s calculus may be changing in response to Mr. Trump’s stunning electoral college victory.
“Clearly this bill’s supporters are hoping that President-elect Trump will have the chance to pack the U.S. Supreme Court with justices poised to overturn Roe vs. Wade,” NARAL Executive Director Kellie Copeland said in a statement. “We must prevent that from happening to protect women’s lives.”
Ohio lawmakers said as much when they passed the heartbeat bill.
“A new president, new Supreme Court appointees change the dynamic, and there was consensus in our caucus to move forward,” Keith Faber, Ohio Senate president, told The Dispatch.
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