Preterm-Cleveland v. David Yost

After hearing oral argument on October 7, 2022, the Hamilton County Court of Common Pleas granted the plaintiffs’ 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—including its six-week ban—to be unconstitutional, and permanently enjoining its enforcement. This marks the first permanent injunction stemming from Ohio’s 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’s decision to block certain other, non-ban provisions contained in SB 23 from taking effect—they did not contest the court’s 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’s Med Group Professional Corporation, Northeast Ohio Women’s Center d/b/a Toledo Women’s Center, and Dr. Sharon Liner, an individual abortion provider, to protect the right to abortion in Ohio under the Ohio Constitution.