Preterm-Cleveland v. David Yost
What's at Stake
On September 2, 2022, the 桃子视频, the 桃子视频of Ohio, Planned Parenthood Federation of America, and the law firm WilmerHale filed a lawsuit in the Hamilton County Court of Common Pleas bringing a state constitutional challenge against SB 23, a law banning abortion starting at approximately six weeks of pregnancy. This lawsuit came more than two months after the draconian bill took effect on June 24, 2022 for the first time since it was passed in 2019, causing an immediate, devastating crisis across the state. Due to the ongoing irreparable harm to Ohioans, the reproductive rights organizations withdrew the lawsuit they initially filed in the state Supreme Court in late June and asked the lower court to grant immediate relief blocking the ban.
Summary
After hearing oral argument on October 7, 2022, the Hamilton County Court of Common Pleas granted the plaintiffs鈥� request for a preliminary injunction against SB 23, temporarily blocking the State from enforcing the ban while the case continued. Then, on October 24, 2024, following final briefing on the merits, the Hamilton County Court of Common Pleas issued a final order holding the vast majority of SB 23鈥攊ncluding its six-week ban鈥攖o be unconstitutional, and permanently enjoining its enforcement. This marks the first permanent injunction stemming from Ohio鈥檚 Reproductive Freedom Amendment, which took effect in December 2023. This is also the first permanent injunction throughout the country of an abortion ban following the passage of a pro-abortion rights ballot amendment. In November 2024, Defendants appealed the Hamilton County Court decision to the First District Court of Appeals of Ohio.
On appeal Defendants contested only the lower court鈥檚 decision to block certain other, non-ban provisions contained in SB 23 from taking effect鈥攖hey did not contest the court鈥檚 decision to enjoin the six-week ban itself. On January 7, 2026, the First District affirmed the injunction against the six-week ban, which remained uncontested, but reversed the injunction as to some of the other, non-ban provisions contained in SB 23. The court remanded the case to the Hamilton County Court of Common Pleas for further proceedings on those provisions, where the case is ongoing.
The reproductive rights organizations and WilmerHale filed the lawsuit on behalf of Preterm-Cleveland, Planned Parenthood Southwest Ohio, Planned Parenthood of Greater Ohio, Women鈥檚 Med Group Professional Corporation, Northeast Ohio Women鈥檚 Center d/b/a Toledo Women鈥檚 Center, and Dr. Sharon Liner, an individual abortion provider, to protect the right to abortion in Ohio under the Ohio Constitution.
Legal Documents
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10/24/2024
Preterm v. Yost, Hamilton County Decision
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09/02/2022
Preterm-Cleveland v. David Yost: Complaint
Date Filed: 09/02/2022
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09/02/2022
Preterm-Cleveland v. David Yost: TRO/PI Motion -
09/09/2022
Defendants' Opposition to Plaintiffs' Motion for Temporary Restraining Order -
09/08/2022
Plaintiff's Reply in Support of Plaintiff's Motion for Temporary Restraining Order -
09/14/2022
Decision and Entry -
10/02/2022
Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction -
10/12/2022
Order for Preliminary Injunction -
10/12/2022
Defendants' Notice of Appeal -
12/16/2022
Opinion Dismissing Appeal -
01/03/2023
Defendants' Notice of Appeal -
01/31/2023
Plaintiffs' Amended Verified Complaint -
02/02/2023
Appellees' Memorandum in Opposition to Jurisdiction -
03/14/2023
Entry Accepting Appeal -
05/01/2023
Appellants' Merits Brief -
06/20/2023
Appellees' Merit Brief -
07/06/2023
Appellants' Reply Brief -
Plaintiffs' Amended Verified Complaint for Declaratory and Injunctive Relief -
03/29/2024
Defendants' Response to Motion for Judgement on the Pleadings -
11/25/2024
Defendants' Notice of Appeal -
03/19/2025
Opening Brief of State Defendants-Appellants
Date Filed: 09/02/2022
Date Filed: 09/09/2022
Date Filed: 09/08/2022
Date Filed: 10/02/2022
Date Filed: 10/12/2022
Date Filed: 10/12/2022
Date Filed: 01/03/2023
Date Filed: 01/31/2023
Date Filed: 02/02/2023
Date Filed: 03/29/2024
Date Filed: 11/25/2024
Date Filed: 03/19/2025
Press Releases
Ohio Judge Permanently Strikes Down Six-Week Abortion Ban, Which Clearly Violates the Ohio Constitution鈥檚 Reproductive Freedom Amendment
Statement on Ohio Six-Week Ban Abortion Litigation Following Passage of Issue 1
Supreme Court of Ohio will Hear Oral Argument Tomorrow in Challenge to Extreme Abortion Ban
Ohio鈥檚 First District Court of Appeals Denies State鈥檚 Request to Take Up Six-Week Abortion Ban, Sends Case Back to Hamilton County Court of Common Pleas
Ohio Lower Court Grants Preliminary Injunction; Six-Week Abortion Ban Will Remain Blocked
Ohio Lower Court Blocks Six-Week Abortion Ban, Restoring Reproductive Rights Across State