The U.S. Court of Appeals for the Sixth Circuit recently granted a petition for rehearing en banc in a case involving a controversial Ohio abortion law. The order granting rehearing means the Sixth Circuit will decide a case involving the hot topic of abortion in the upcoming election year. And, no matter which way the case is decided, it means the U.S. Supreme Court will likely face the prospect of another cert petition in an abortion case the near future.
The case, Preterm-Cleveland v. Himes, No. 18-3329, involves Ohio law H.B. 214, which prohibits providers from performing abortions on a woman if the provider knows or has reason to know the woman is seeking the abortion because the unborn child has Down syndrome. It does not criminalize the conduct of the pregnant woman. Crucially, the law criminalizes the abortion provider’s conduct no matter the stage of pregnancy. In other words, the law applies to pre-viability and post-viability abortions.
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