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Ohio’s Supreme Court Could Reshape Abortion Laws — And This Election Is the Key

The upcoming Ohio Supreme Court election has significant implications for abortion access across the state. Following the passage of the 2023 reproductive rights amendment, which 57% of Ohio voters approved, the elected justices will play a pivotal role in determining how abortion laws are interpreted and enforced.

Despite the amendment enshrining reproductive rights into the state constitution, many existing anti-abortion laws remain in effect. Jaime Miracle, Deputy Director of Abortion Forward, emphasized the importance of electing justices who will uphold the amendment to Ohio Capital Journal, saying “To make the reproductive freedom amendment a reality in our state, we need to have judges who will enforce it, not ignore it.”

Currently, Republicans hold a 4-3 majority on the Ohio Supreme Court.

This year’s election sees several key races: incumbent Democratic Justice Michael P. Donnelly faces Republican challenger Judge Megan Shanahan, and incumbent Democratic Justice Melody Stewart is up against incumbent Republican Justice Joseph Deters, who chose to run against Stewart rather than seeking re-election for his current seat. Additionally, Democratic candidate Lisa Forbes and Republican Dan Hawkins are battling for Deters’ open seat.

The stakes are high for both sides. Ohio Right to Life has endorsed the Republican candidates — Shanahan, Deters, and Hawkins — highlighting the need for a “strong and decisive judicial branch” to continue advancing the pro-life movement. Meanwhile, Abortion Forward endorsed the Democratic candidates — Stewart, Donnelly, and Forbes — focusing on ensuring that the reproductive freedom amendment is fully enforced.

Ohio has passed over 30 abortion-related restrictions since 2011.

Two avenues exist to undo these laws: legislative repeal or court rulings that declare them unconstitutional. Miracle noted that due to the current legislature, court rulings are the only viable path for reversing harmful restrictions, making the Supreme Court election crucial for reproductive rights.

The Ohio Supreme Court will ultimately decide whether the reproductive freedom amendment will be enforced or if abortion restrictions will remain in place. This election is not only vital for Ohioans but also for neighboring states like Indiana and Kentucky, which have near-total abortion bans.

Featured image: The Thomas J. Moyer Ohio Judicial Center — home to the Supreme Court of Ohio, with the Huntington Center and the Verne Riffe State Office Building visible in the background. This historic building, located at 65 S. Front St. in Columbus, is listed on the National Register of Historic Places. (Photo by Sixflashphoto / CC BY-SA 4.0)