Ohio

This procedure is banned in the US. Why is it a hot topic in fight over Ohio’s abortion amendment?

Published

8 months ago

October 23, 2023

This procedure is banned in the US. Why is it a hot topic in fight over Ohio’s abortion amendment?

COLUMBUS, Ohio (AP) — With Election Day closing in, anti-abortion groups seeking to build opposition to a reproductive rights measure in Ohio are messaging heavily around a term for an abortion procedure that was once used later in pregnancy — but hasn’t been legal in the U.S. for over 15 years.

In ads, debates and public statements, the opposition campaign and top Republicans have increasingly been referencing “partial-birth abortions” as an imminent threat if voters approve the constitutional amendment on Nov. 7. “Partial-birth abortion” is a non-medical term for a procedure known as dilation and extraction, or D&X, which is already federally prohibited.

“It would allow a partial-birth abortion,” Ohio Gov. Mike DeWine told reporters recently as he explained his opposition to the constitutional amendment, known as Issue 1.

“For many years, in Ohio and in this country, we’ve had a law that said a partial-birth abortion — where the child is partially delivered and then killed and then finally delivered — was illegal in Ohio,” the governor continued. “This constitutional amendment would override that.”

Constitutional scholars say that is not true and that the amendment would not override the existing federal ban if Ohio voters approve it.

“So changing our constitution will not affect in the slightest way the applicability of the federal partial-birth abortion ban,” said Dan Kobil, a law professor at Capital University in Columbus, who supports abortion rights. “It would be a federal crime for a doctor to violate that ban.”

That’s because the supremacy clause of the U.S. Constitution calls for federal laws to trump state laws, said Jonathan Entin, professor emeritus of law at Case Western State University.

“If the federal law prohibits a particular technique, then that’s going to prevail over a state law that might be inconsistent,” he said.

Ohio is the only state this November where voters will decide whether abortion should be legal. But the debate isn’t happening in isolation. The state has been used as a campaign testing ground by anti-abortion groups after a string of defeats since the U.S. Supreme Court overturned a constitutional right to the procedure. And next year, abortion rights supporters are planning to put the question before voters in several more states, ensuring the issue will be central to races up and down the ballot.

A D&X procedure involved dilating the woman’s cervix, then pulling the fetus through the cervix, feet-first to the neck. The head was then punctured and the skull emptied and compressed to allow the fetus to fit through the dilated cervix. Before the federal ban, it was used for both abortions and miscarriages in the second and third trimesters of pregnancy.

DeWine was serving in the U.S. Senate when the Partial-Birth Abortion Ban Act was passed in 2003. He voted for the prohibition, which declared a “moral, medical, and ethical consensus” that the procedure was “gruesome and inhumane.” President George W. Bush signed the measure into law with DeWine at his side.

The ban was largely on hold while a constitutional challenge played out. The U.S. Supreme Court in 2007 rejected arguments against the law, upholding its application across all 50 states.

Asked why the governor suggested a federal law he supported would not apply if Ohio changes its constitution, spokesman Dan Tierney said DeWine bases his position on provisions of the U.S. Constitution that prevent the federal government from regulating conduct that has no effect on interstate commerce. Kobil acknowledged that argument, but said it’s “almost certain to fail” if tested, given that the Supreme Court already declared the ban constitutional.

DeWine isn’t the only top elected Republican in the state to warn that the procedure would be revived if the amendment passes on Nov. 7.

In a memo earlier this month, Republican Attorney General Dave Yost said the state’s laws outlawing abortions through D&X and another procedure, non-intact dilation and evacuation, or D&E, the most common second trimester method, “would both be invalidated and these abortions would be permitted” if the amendment passes. The Ohio Senate’s Republican supermajority passed a resolution saying something similar.

Entin, of Case Western, said “to the extent that the Ohio laws he’s discussed are also covered by the federal law, it doesn’t matter,” because federally banned procedures would remain illegal.

Kelsey Pritchard, director of state public affairs for Susan B. Anthony Pro-Life America, whose political arm is a major funder of the campaign opposing the amendment, said the federal ban “lacks enforcement” under a Biden Administration she described as “extreme pro-abortion.”

“If it’s not being enforced, if there’s no teeth to it, then the protections need to happen at the state level,” argued spokesperson Amy Natoce of Protect Women Ohio, the Issue 1 opposition campaign. “Of course, if Issue 1 passed, we won’t have those protections.”

Mae Winchester, a Cleveland-based maternal fetal medicine specialist, said use of the term in the campaign messaging over the amendment is misleading.

“‘Partial-birth abortion’ is a made-up term that only serves to create confusion and stigmatize abortion later in pregnancy,” she said. “It’s not a procedure that’s described anywhere in medical literature, and so it’s not considered a medical term or even an actual medical procedure.”

Ohio passed the nation’s first ban on what its lawmakers then dubbed “partial birth feticide” in 1995, just three years after Ohio physician Martin Haskell debuted the D&X procedure during an abortion practitioners conference. He touted it as a way to avoid an overnight hospital stay and as safer and less painful for women than other methods.

Protect Women Ohio has invoked Haskell’s legacy in one of its ads. It shows an image of Haskell and describes the procedure he pioneered as “painful for the mother and the baby.” The voiceover then calls for a no vote on the amendment “so people like Dr. Haskell can’t perform painful ‘late-term’ abortions.”

The spot doesn’t note the distinction between “partial-birth” and “late-term” abortions — both non-medical terms coined by anti-abortion advocates — nor reference the federal ban.

Mike Gonidakis, president of Ohio Right to Life, said because of protections provided to individuals and abortion providers in the amendment, “The ad withstands any scrutiny.”

Haskell retired from active practice two years ago. He declined comment. But he has donated to the main group supporting the constitutional amendment, Ohioans United for Reproductive Rights.

Pro-Choice Ohio Executive Director Kellie Copeland called talk of “late-term” and “partial-birth” abortions a scare tactic.

“Issue 1 allows for clear restrictions on abortion after viability that protect patients’ health and safety,” she said. “These situations, when a woman needs an abortion later in pregnancy, are incredibly rare and heartbreaking for families.”

Ohio hasn’t had an abortion of any type performed after 25 weeks’ gestation since 2018 and only four have been recorded since 2013, according to statistics compiled by the state Health Department. Abortions between 21 and 24 weeks’ gestation, a span that encompasses the outside limit of Ohio’s current law, totaled 576, or 0.6% of the total, over that time.

Pritchard, of Susan B. Anthony Pro-Life America, attributed the low numbers to the state’s existing abortion restrictions.

___

Associated Press reporter Christine Fernando in Chicago contributed to this report.

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Ohio

Oregon Football Entering Big Ten as Biggest Challenge to Ohio State

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1 hour ago

June 27, 2024

Press Room

Oregon Football Entering Big Ten as Biggest Challenge to Ohio State

One of the Big Ten Conference’s premiere programs is already looking at the Ducks as their biggest threat.

Oregon, Washington, USC, and UCLA officially become members of the Big Ten next week. While this topic has been discussed widely over the past few months, the focus is now on matchups and marquee games on everyone’s schedule. Without question, much of the conversation has centered on the Oregon Ducks as many believe they will battle the Ohio State Buckeyes for a conference championship and perhaps a spot in the expanded college playoffs.

Eleven Warriors, an Ohio State fans website, featuring Dan Hope and Andy Anders, spent time recently evaluating the Buckeyes’ challenges in 2024 given the expansion of the league to 18 teams. Not surprisingly, Oregon was rated as the biggest threat to Ohio State. Right from the start, Hope acknowledges the talented team that coach Dan Lanning has put together.

“(Oregon) could have the Big Ten’s best offense,” Hope said. “Dillon Gabriel coming in there from Oklahoma, he might be the Big Ten’s best quarterback. They’ve got a great backup as well in former five-star recruit Dante Moore who transferred in from UCLA.”

Oregon quarterback Dillon Gabriel congratulates Luke Moga after a touchdown by Mona during the Oregon Ducks’ Spring Game Saturday, April 27. 2024 at Autzen Stadium in Eugene, Ore. / Ben Lonergan/The Register-Guard / USA

Hope doesn’t stop there as he highlighted Evan Stewart and Tez Johnson who may form the best 1-2 punch in the country at wide receiver: a stout running game featuring Jordan James and Noah Whittington, and a solid defense.

Anders goes on to talk a little more about coach Lanning and what he brings to the table, specifically when it comes to recruiting and adding additional talent to a team already recognized as a top-five team in the country.

“Dan Lanning is, I think, one of the best coaches in the sport,” Anders said. “I’m really high on what he can accomplish at Oregon and what this team can accomplish.”

When it comes to the game itself, Oregon has advantages in two areas that are weaknesses on the Ohio State side of the ball—quarterback and offensive line.

“Oregon is probably going to be the best team in the conference in both of those areas,” Hope said. “So those are two key advantages that Oregon has over Ohio State as well as the fact that Oregon is going to be hosting Ohio State in that regular season matchup.”

Ohio State Buckeyes running back Miyan Williams (28) is pursued by Oregon Ducks linebacker Noah Sewell (1) during Saturday’s NCAA Division I football game at Ohio Stadium in Columbus on September 11, 2021.

Osu21ore Bjp 27 / Barbara J. Perenic via Imagn Content

Of course, we are still about four months away from the game in Autzen Stadium and a great deal can change in that time. Regardless, this shapes up to be a massive game for both teams.

“I continue to circle that Ohio State-Oregon game as maybe the game of the year in the conference,” Hope said. “I think there is a very good chance that Ohio State-Oregon game on October 12 is going to end up being a Big Ten championship game preview.”

October 12 is a date all Ducks fans have circled on their calendar. There is no doubt they will provide an unforgettable atmosphere for a game that could very well live up to its hype.

Stay up to date on all things Oregon Ducks by visiting Oregon Ducks on SI daily and following Oregon Ducks on SI on Facebook and X.

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‘Above 1,500 degrees’: Fireworks laws in Ohio designed to protect children this July 4

Published

8 hours ago

June 27, 2024

Press Room

‘Above 1,500 degrees’: Fireworks laws in Ohio designed to protect children this July 4

Thousands of children will be rushed to the emergency room this Independence Day because of fireworks injuries.

Fireworks are legal to launch in Ohio during July 4 celebrations, but only under specific guidelines and on certain days, according to the state fire marshal’s office.

This year, adults in the Buckeye State can discharge fireworks labeled as “1.4G consumer” 4-11 p.m. on Friday, Saturday and Sunday, then again the same times July 3-7.

“Even sparklers can cause serious injuries if not handled correctly,” Anita Metheny of the fire marshal’s office said. “Always supervise their use or consider safer alternatives like glow sticks, especially for children.”

Fireworks caused $700,000 in damages last year

Statistics from the state fire marshal’s Fire Prevention Bureau show 128 fireworks incidents in Ohio in 2023 caused 22 residential building fires totaling nearly $700,000 in damages.

So far in 2024, there have been 10 incidents involving fireworks causing almost $10,000 in losses, the fire marshal’s office reported in a news release.

Fireworks were involved in more than 10,200 treated injuries nationwide in 2022, according to the U.S. Consumer Product Safety Commission.

“Fireworks can bring joy to our celebrations, but it’s important to recognize the inherent risks that come with them as well,” Metheny said. “By being informed and following safety guidelines, we can reduce injuries and ensure a festive and safe Fourth of July for all.”

‘A sparkler can reach temperatures above 1,500 degrees’

Nearly half of all the fireworks injuries reported in Ohio last year were to bystanders, many of them children.

The ER trips mostly were caused by bottle rockets, sparklers and firecrackers, according to Dr. Anjay Khandelwal, director of the Adult and Pediatric Burn Institute at Akron Children’s.

“Many families believe sparklers are harmless and safe for young children to use,” Khandelwal said. “However, they are the most common cause of injury from fireworks in children. What families may not realize is a sparkler can reach temperatures above 1,500 degrees, which can cause serious burns or ignite clothing.”

Ohio law restricts who can launch fireworks and when

That’s why Ohio lawmakers set so many parameters when they started allowing consumers to shoot off fireworks in 2021.

Only residents over the age of 18 can launch fireworks, and they can’t be launched while in possession of or under the influence of drugs or alcohol, along with a slew of other restrictions, the Columbus Dispatch reports.

The National Safety Council provides the following tips for those who plan to set off fireworks:

Never use fireworks while impaired by drugs or alcohol.
Anyone using fireworks or standing nearby should wear protective eyewear.
Never hold lighted fireworks in your hands.
Never light fireworks indoors.
Only use fireworks away from people, houses and flammable material.
Never point or throw fireworks at another person.
Only light one device at a time and maintain a safe distance after lighting.
Never ignite devices in a container.
Do not try to re-light or handle malfunctioning fireworks.
Keep a bucket of water nearby to fully extinguish fireworks that don’t go off or in case of fire.

ztuggle@gannett.com

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Ohio State Basketball Finalist for 4-Star Guard Dorian Jones

Published

15 hours ago

June 26, 2024

Press Room

Ohio State Basketball Finalist for 4-Star Guard Dorian Jones

Jake Diebler and Ohio State Buckeyes men’s basketball have yet to add a commitment to the 2025 recruiting class, but that could be changing soon.

Per reports Monday from On3’s Joe Tipton, the Buckeyes are one of four finalists for 2025 four-star guard Dorian Jones, who will also be deciding between Missouri, Michigan and Rutgers. He’ll announce his decision on Monday, July 1.

A product of Richmond Heights in Cleveland, Jones also received offers from programs like Cincinnati, Dayton, Syracuse, Texas A&M, Miami, Arizona State and many more.

Per 247Sports’ rankings, Jones is the No. 60 overall player and No. 13 shooting guard in the country and the No. 2 player in the state of Ohio.

Jones has already made an official visit to Ohio State. The Buckeyes offered him back in July 2022 when Chris Holtmann was at the helm, but the coaching change clearly hasn’t impacted his interest in OSU as a potential destination.

It’s possible that Jones’ interest in Ohio State is a given to the proximity of campus to his home town, but Diebler has certainly been saying all the right things leading up to his first full season at the helm, including his handling of discussing the change from Holtmann when asked about it earlier this month.

The Buckeyes will be tipping off their 2024-25 regular season in Las Vegas at T-Mobile Arena on Monday, Nov. 4 against the Texas Longhorns as part of the Hall of Fame Series.

“We have to turn the page and be a completely different program,” Diebler said, per Eleven Warriors. ” … I’ve been fortunate to work with and for some high-level coaches. … Having worked at every level in-between in my career, I believe is really valuable. … I believe it gives me really good perspective.”

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