Ohio Attorney General Dave Yost, a Republican, is appealing a county judge’s ruling temporarily striking down the state’s six-week abortion ban.
On Friday, Yost filed a notice of appeal with the court after Hamilton County Common Pleas Judge Christian Jenkins ruled Ohio’s so-called heartbeat law was unconstitutional under an amendment that enshrines reproductive rights, which Ohio voters passed last year.
Yost’s office said there are provisions in the 2019 heartbeat law that aren’t addressed in the constitutional amendment, known as Issue 1.
“It is up to the courts to determine how conflicts between those two documents are resolved,” said Yost spokesperson Bethany McCorkle.
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The law bans most abortions once fetal cardiac activity is detected, hence the heartbeat nickname. Cardiac activity can be detected as early as six weeks into pregnancy, which is before many women even know they’re pregnant, according to Planned Parenthood.
Republican Attorney General Dave Yost of Ohio speaks after winning the attorney general race on November 6, 2018, at the Ohio Republican Party’s election night party at the Sheraton Capitol Square in Columbus, Ohio. Yost… Republican Attorney General Dave Yost of Ohio speaks after winning the attorney general race on November 6, 2018, at the Ohio Republican Party’s election night party at the Sheraton Capitol Square in Columbus, Ohio. Yost is appealing a county judge’s ruling temporarily striking down the state’s six-week abortion ban.
Photo by Justin Merriman/Getty Images
What Did Judge Jenkins Say in His Ruling?
Judge Jenkins wrote in his ruling from October, “Despite the adoption of a broad and strongly worded constitutional amendment, in this case and others, the State of Ohio seeks not to uphold the constituional protection of abortion rights, but to diminish and limit it.”
He was referring to Issue 1 which gives every Ohioan “the right to make and carry out one’s own reproductive decisions.”
Jenkins said in October that when the Supreme Court overturned Roe v. Wade in June 2022 and left abortion up to the states to decide, “Ohio’s Attorney General evidently didn’t get the memo.”
AG Yost Tries to Keep Part of Heartbeat Law
Yost acknowledged in court documents this spring that Issue 1 made Ohio’s abortion ban unconstitutional but tried to maintain other elements of the law, including certain notification and reporting aspects.
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Those elements would have subjected physicians who perform abortions to felony criminal charges, fines, license suspensions or revocations and civil claims of wrongful death. They would have also required patients to make two in-person visits to their healthcare provider, wait 24 hours for an abortion and have that abortion recorded and reported.
Jenkins said in October Yost’s request to leave all but one provision of the law untouched even after the passage of an amendment protecting the right to abortion before the fetus is viable “dispels the myth” that the Supreme Court’s 2022 ruling simply gives states power over the issue.
Years-Long Legal Battle
Jenkins’ October ruling was part of a lawsuit filed by the American Civil Liberties Union (ACLU) of Ohio, Planned Parenthood Federation of America and the law firm WilmerHale on behalf of a group of Ohio abortion providers. It is the second round of litigation challenging the abortion ban.
An initial lawsuit was brought in federal court in 2019, where the ban was first blocked under Roe v. Wade. After the 1973 landmark decision was overturned, Ohio’s ban was briefly allowed to go into effect.
Enforcement of the ban was then again paused by the state court system with opponents arguing it violated protections in Ohio’s constitution guaranteeing individual liberty and equal protection. Challengers of the ban also claimed it was unconstitutionally vague.
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Newsweek reached out to the ACLU of Ohio via email late Wednesday afternoon for comment on Yost’s recent filing.
When Jenkins handed down his decision, Jessie Hill, cooperating attorney for the ACLU of Ohio, called it “a momentous ruling, showing the power of Ohio’s new Reproductive Freedom Amendment in practice.”
“The six-week ban is blatantly unconstitutional and has no place in our law,” she said in October.
This article includes reporting from The Associated Press.
The Ohio Lottery offers multiple draw games for those aiming to win big. Here’s a look at Jan. 10, 2026, results for each game:
Powerball
Powerball drawings are held Monday, Wednesday and Saturday at 10:59 p.m.
05-19-21-28-64, Powerball: 14, Power Play: 3
Check Powerball payouts and previous drawings here.
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Pick 3
Drawings are held daily, seven days a week, at 12:29 p.m. and 7:29 p.m., except Saturday evening.
Midday: 2-8-2
Evening: 4-0-5
Check Pick 3 payouts and previous drawings here.
Pick 4
Drawings are held daily, seven days a week, at 12:29 p.m. and 7:29 p.m., except Saturday evening.
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Midday: 2-8-5-5
Evening: 3-1-2-2
Check Pick 4 payouts and previous drawings here.
Pick 5
Drawings are held daily, seven days a week, at 12:29 p.m. and 7:29 p.m., except Saturday evening.
Midday: 1-6-3-5-9
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Evening: 2-4-4-4-5
Check Pick 5 payouts and previous drawings here.
Rolling Cash 5
Drawings are held daily, seven days a week, at approximately 7:05 p.m.
03-14-20-28-34
Check Rolling Cash 5 payouts and previous drawings here.
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Classic Lotto
Drawings are held Monday, Wednesday and Saturday, at approximately 7:05 p.m.
01-28-32-36-38-45, Kicker: 2-7-1-1-7-4
Check Classic Lotto payouts and previous drawings here.
Lucky For Life
Drawings are held daily, seven days a week, at approximately 10:35 p.m.
17-24-36-38-43, Lucky Ball: 17
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Feeling lucky? Explore the latest lottery news & results
This results page was generated automatically using information from TinBu and a template written and reviewed by an Enquirer digital news director. You can send feedback using this form.
The ex-husband of Monique Tepe has been arrested in connection with the killings of the mother and her husband Spencer Tepe, a respected dentist, in their Ohio home last week, Columbus police said Saturday.
Michael David McKee, 39, who court records identify as Monique Tepe’s ex-husband, is in custody in Winnebago County, Illinois, according to inmate records with the sheriff’s office.
McKee is scheduled to appear in court Monday, records show. He was arrested on two counts of murder in the killings on Saturday, an incident report shows, and was taken into custody “without incident” in Rockford, Illinois, police said.
Spencer Tepe, 37, and Monique Tepe, 39, were found dead with apparent gunshot wounds on December 30 in their house in Columbus. The couple’s two children, ages 4 and 1, were also inside but were not physically harmed, police said.
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The arrest marks a major development in the case after the suspect in the couple’s killings remained on the loose for more than 10 days, during which police released scant details on the investigation.
Police said Saturday they will release further information “as appropriate” to avoid compromising the “active and ongoing case progress” and urged people to contact them with any information related to the tragedy.
Authorities did not find any obvious signs of forced entry or any firearm at the scene, CNN affiliate WSYX reported.
Colleagues in Spencer Tepe’s dental practice called 911 after he uncharacteristically didn’t show up to work. One of Tepe’s friends went to the couple’s house, peered inside and saw a gruesome scene next to a bed, according to emergency dispatch audio.
“There’s … there’s a body,” the friend told 911. “Our friend wasn’t answering his phone. We just did a wellness check. We just came here. And he appears dead.”
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Asked if Tepe had been ill, the friend responded, “No, no. I was just with him yesterday.”
The couple’s two children and dog are now in the care of relatives, the Tepes’ brother-in-law said.
