Constitutional Law

Abortion opponents optimistic after Trump's election; Ohio lawmakers pass two restrictive bills

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Ohio Statehouse

Ohio Statehouse.

Updated: Abortion politics are changing after the election of Donald Trump.

Abortion opponents were energized after Trump made four policy commitments before the election, the New York Times reports. Trump pledged to nominate anti-abortion justices to the U.S. Supreme Court, endorsed a national ban on abortions after 20 weeks, backed defunding of Planned Parenthood, and backed a permanent ban on taxpayer-funded abortions.

Now, as a result of Trump’s election, the Times reports, “combatants on both sides see legalized abortion imperiled as it has not been for decades.”

The change in attitude is playing out in Ohio, where lawmakers passed two anti-abortion laws and sent them to the governor, according to the New York Times, Cleveland.com and Cincinnati.com. One bill bans abortions after a heartbeat is detected, which could be as early as six weeks into the pregnancy. The other bans abortions after 20 weeks’ gestation. Neither bill makes exceptions for rape or incest.

“Last week,” Cincinnati.com reports, “Ohio Republicans considered Trump’s upcoming presidency and made a choice. After years of avoiding it, they would pass the heartbeat bill, which would outlaw abortions after the detection of a fetal heartbeat. It’s a new era, they said.”

Kasich opposes abortion but he has concerns about the constitutionality of the fetal heartbeat bill. On Tuesday, he vetoed the heartbeat bill and signed the bill banning abortions after 20 weeks of pregnancy, the Columbus Dispatch reports.

Some abortion opponents believe restrictive bills could survive a constitutional challenge in the U.S. Supreme Court if Trump has a chance to replace any of the liberal justices who support abortion rights. Justices Ruth Bader Ginsburg, Anthony M. Kennedy and Stephen G. Breyer are all age 78 or older, according to Cincinnati.com.

Updated on Dec. 14 to report that Kasich vetoed the heartbeat bill.

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