Supreme Court of Ohio Releases Two Abortion Decisions; Rules Against Two Abortion Clinics.

The Supreme Court of Ohio released two decisions today, February 6, 2018, ruling against two separate abortion clinics, one for lack of standing, the other for failing to follow a rule requiring a written hospital transfer agreement. The blog will analyze both merit decisions, but for now, as a heads-up, here are brief quotations from the summaries prepared by the Court’s Office of Public Information, written by Dan Trevas.

Clinic Lacked Standing to Challenge Budget Bill’s Constitutionality

Preterm-Cleveland, Inc. v. Kasich, Slip Opinion No. 2018-Ohio-441.

“The Ohio Supreme Court has ruled that because Preterm-Cleveland Inc. did not prove it suffered or was threatened with a “direct and concrete injury” by provisions in the 2013 state budget bill, the clinic lacked standing to challenge the constitutionality of the budget law.”

Justice O’Donnell wrote the majority decision, joined by Justices French, Kennedy, Fischer, and DeWine. Chief Justice O’Connor wrote the dissent, joined by then-Justice O’Neill.

Court Affirms State’s Revocation of Toledo Clinic’s License

Capital Care Network of Toledo v. Ohio Dept. of Health, Slip Opinion No. 2018-Ohio-440.

“The Ohio Supreme Court has ruled that because Capital Care Network of Toledo violated a 21-year-old rule requiring all ambulatory surgical facilities to have written hospital transfer agreements to facilitate emergency treatment, the Ohio Department of Health was within its rights to revoke the clinic’s operating license.”

Justice O’Donnell wrote the majority decision, joined by Justices Kennedy, Fischer, and DeWine.  Justice French wrote a separate concurrence, joined by Justices Kennedy and DeWine. Chief Justice O’Connor dissented, joined by then-Justice O’Neill.

 

 

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