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Preterm-Cleveland v. Himes

Filed On

Feb 15, 2018

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The American Civil Liberties Union, the ACLU of Ohio, and Planned Parenthood Federation of America filed a lawsuit on behalf of several abortion providers and their patients challenging HB 214, an Ohio law that criminalizes abortions if one of the pregnant person’s reasons for the abortion is a fetal diagnosis of Down syndrome.

Plaintiffs argue the law imposes an unconstitutional burden on patients seeking abortion. In addition, plaintiffs argue that the law neither addresses discrimination against people with disabilities nor improves the access of people with disabilities to health care, education, or other services.


On March 14, 2018, U.S. District Court Judge Timothy Black issued a preliminary injunction blocking the law, ruling that Planned Parenthood v. Casey and Roe v. Wade bars states from prohibiting pregnant people “from making the ultimate decision to terminate [their] pregnancy before viability.”

On October 11, 2019, the Sixth Circuit Court of Appeals affirmed the district court order blocking the law, ruling that it “unconstitutionally inhibits pre-viability abortions based on a woman’s reason for seeking abortion.”  Ohio has sought a rehearing en banc.


**last updated November 19,  2019