If the Ohio Supreme Court chooses to shut down Ohio's last abortion clinic located in Toledo on Tuesday, it could go down as “the most significant abortion case in state history.”
The Daily Caller reports:
Tuesday’s hearing comes after state Attorney General Mike DeWine appealed to the high court in 2016, asking it to uphold the state’s ruling and close the clinic. While the court did not issue a direct response to DeWine’s request, it agreed to hear the case.
The state health department ordered the clinic to close in 2014 because it didn’t have the proper patient-transfer agreement to legally allow patients in need of emergency care to be taken from the abortion clinic to the hospital according to ABC News. The clinic sued the state, however, insisting that the agreement placed an undue and unnecessary burden on abortion providers in an effort to prevent them from operating. Capital Care won in Ohio’s lower courts, after judges determined that agreement requirements were unconstitutional and said that the clinic could continue operating while the legal battle remained unresolved.
While the state contends that transfer agreements and mileage limits — Ohio law states that an abortion clinic cannot be more than 52 miles from the hospital with which it has the agreement — are meant to protect the health and safety of the women receiving abortions, abortion advocates say that transfer agreements aren’t medically necessary.
A later case on September 26 will decide on the matter of the legality of patient-transfer agreements.