Judges dismiss state’s appeal of ruling allowing abortions to continue in Ohio during coronavirus emergency

cleveland.com ^ | April 6, 2020 | Andrew J. Tobias,

[Morgana]

COLUMBUS, Ohio -- A federal appeals court in Cincinnati, for now, has declined to get involved with a lawsuit over how abortion providers in Ohio can continue to provide their services amid a public-health order restricting non-essential surgeries during the coronavirus pandemic.

A three-judge panel from the 6th U.S. Circuit Court of Appeals on Monday issued an order dismissing Ohio Attorney General Dave Yost’s appeal of a ruling from Senior U.S. District Judge Michael Barrett issued last week. The ruling temporarily blocked Ohio officials from using Health Director Dr. Amy Acton’s health order to completely bar women from access to surgical abortions.

The appellate judges’ ruling puts the focus squarely on Barrett, who has indicated he may issue a more final ruling called a preliminary injunction that would continue to apply while abortion providers, including Planned Parenthood and Preterm Cleveland, pursue their lawsuit on the subject.

Barrett clarified in a Thursday ruling that surgical abortions in Ohio could still be delayed under the health order on a case-by-case basis, as long as doing so didn’t threaten the woman’s life, or prevent the woman from her right to get an abortion before the fetus is viable, which can be as early as 21 weeks. He also wrote that lawyers from Attorney General Dave Yost’s office declined to state their position on what abortion providers could do under Acton’s order until a legal filing last Wednesday.

In their Monday ruling dismissing the state’s appeal, appellate Judges Guy Cole and Ralph Guy wrote Barrett’s ruling didn’t seem inconsistent with what Yost’s office eventually said was the state’s legal interpretation of how Acton’s order applies.

(Scroll down to read the ruling in full.)

[Mrs. Don-o]

Too complicated. What’s the bottom line?

[Don W]

I concur. The writer seems to be obscuring the outcome intentionally, which i *THINK* means that the original edict stands and there is a temporary hold on optional medical procedures.

Do NOT quote me on that, I am more often wrong than right it seems...

[Mrs. Don-o]

Thanks for cluing me in. This so-called journalist is evidently achieving the incomprehensibility he was aiming for.

[Lowell1775]

OHIO PING!

Please let me know if you want on or off the Ohio Ping list.

Judges dismiss state’s appeal of ruling allowing abortions to continue in Ohio during coronavirus emergency
4/6/2020, 5:58:59 PM · by Morgana · 3 replies
cleveland.com ^ | April 6, 2020 | Andrew J. Tobias,

[Guenevere]

Agree....
..as convoluted as I’ve seen in a while

[kiryandil]

Chief Judge R. Guy Cole Jr. and Judge Ralph B. Guy Jr. issued the order. Judge John K. Bush [Trump judge] agreed with the court’s decision not to stay the TRO, but said in a partial dissent that the court had jurisdiction over the appeal.