The Ohio Supreme Court has formally accepted an appeal by Ohio Attorney General Dave Yost in a case involving the state’s six-week abortion ban.
The court announced on Tuesday morning that it will only consider two of the three legal issues Yost asked the court to consider: whether he has the right to appeal a lower court’s decision to put the heartbeat law on hold and whether abortion clinics have “standing” or the legal authority to challenge the law in the first place.
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Ohio Supreme Court Chief Justice Sharon Kennedy assigned Matthew Byrne, a Twelfth District Court of Appeals judge, this week to preside over a state appeal of a preliminary injunction on Ohio’s abortion law.
Byrne takes over for newly appointed Ohio Justice Joe Deters, who recused himself after the abortion clinic plaintiffs argued that he couldn’t rule on the state’s heartbeat bill ban because he was an original defendant on the case when serving as Hamilton County Prosecutor.
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