Given that three justices appointed by former President Donald Trump were among the majority in the landmark Dobbs decision, advocacy groups are eying which candidates and issues can influence the political makeup of state and national courts.
“It’s really important that (with) these decisions that are ultimately made by the courts that we’re giving ourselves every opportunity with people who are going to respect the Constitution and what voters made very clear last year that they wanted,” said Lauren Blauvelt, executive director of Planned Parenthood Advocates of Ohio.
Even though Ohioans passed an amendment to the Ohio Constitution protecting access to abortion and other reproductive health care last year, advocates say this is still just the beginning.
“All of the 31 abortion bans and restrictions are still in place until they go through either a legal or legislative process,” Blauvelt said.
Since Republicans have the majority in Ohio General Assembly, abortion access proponents have to go through litigation, she said.
The political leanings of the Ohio’s justices could have an impact on the outcomes of lawsuits on Ohio’s abortion restrictions, according to Blauvelt. Ohio Right to Life similarly endorsed the Republican judges “to protect life.”
“We can never say exactly how justices will decide,” Blauvelt said. “But we do know that we have three people up who support reproductive rights and three people up who are against abortion.”
Ohio’s highest court faces possible shake-up
The Ohio Supreme Court has a 4-3 Republican majority, and there are three Ohio Supreme Court seats up for grabs this fall.
Judge Lisa Forbes of the 8th District Court of Appeals won the Democratic nomination for an open Ohio Supreme Court seat earlier this year. Forbes will take on Dan Hawkins, a Republican judge with the Franklin County Court of Common Pleas, in November.
Forbes and Hawkins are each vying to fill a seat abdicated by Republican Justice Joseph Deters, who opted to challenge Democratic Justice Melody Stewart’s reelection bid in hopes of whittling down Democrats’ presence on the bench.
Democratic Justice Michael Donnelly is also on the ballot for reelection in November, running against Republican Hamilton County Court of Common Pleas Judge Megan Shanahan.
“Ohio Right to Life is proud to strongly recommend Justice Joe Deters, Judge Megan Shanahan and Judge Dan Hawkins for the Ohio Supreme Court,” said Mike Gonidakis, president of Ohio Right to Life.
“Ohioans desire a strong and decisive judicial branch and with three of the seven seats on the ballot, it is crucial for pro-life voters to support these conservative candidates. We must get these three justices elected to protect life in our state,” he said.
A national abortion ban
Not surprisingly, candidates’ stances on abortion access follow party lines.
Ohio Right to Life has endorsed Bernie Moreno, a Republican businessman who is vying for U.S. Senator Sherrod Brown’s seat. Moreno has said in the past that he is “100% pro-life.”
“In this new pro-life era it is particularly imperative for Ohio voters to elect effective legislative candidates who can deliver pro-life results – and will stand with us to protect women and children even when that might mean taking a tough vote,” Gonidakis said.
“Elections have consequences, and we are incredibly aware of the importance of these endorsements for the continued progress of Ohio’s pro-life movement.”
Brown, a Democrat attempting to retain the seat he has held since 2007, received endorsements from the Planned Parenthood Action Fund and Reproductive Freedom for All. He has repeatedly expressed support for restoring abortion protections, as well as women’s access to affordable birth control and family planning services like in vitro fertilization (IVF).
Since some states have been in disarray the past two years since the Dobbs decision, some fear the possibility of a national abortion ban, which has been mentioned in the controversial Project 2025 document, created by the conservative think tank The Heritage Foundation as a guide for a Republican administration.
“If Trump wins and they take the Senate, we will see a total abortion ban, and we see that in the Project 2025, which the only reason they’re distancing themselves from it is because it’s unpopular with voters,” Blauvelt said.
Trump has said Project 2025 is not related to his campaign. His running mate and Ohio’s junior U.S. senator, JD Vance, has shown support for halting abortion access through stopping the mailing of all abortion medications and supplies within the country.
Supporting moms, children
Local anti-abortion activists have been coming to terms with the new abortion protections in the Ohio Constitution.
“The pro-life community is a little disillusioned, to say the least,” said Margie Christie, executive director of Dayton Right to Life.
Ohio’s reproductive rights amendment, which includes protections for abortion, set the prospects of anti-abortion laws back about 10 years, according to Christie.
For Christie, the future of anti-abortion movement is not going to be found in legislation.
“At Dayton Right to Life, we feel that was never probably the best avenue anyways,” Christie said.
Dayton Right to Life is, instead, focusing more energy on helping mom and babies through its baby pantry, where they provide clients with free supplies for babies and toddlers up to age 5.
“That’s our focus ― trying to keep mom safe and babies alive,” Christie said.
When it comes to the possibility of a national abortion ban, Christie doesn’t see that happening.
“I don’t see a national abortion, because I don’t think they can pull it off,” Christie said. “I’d be shocked.”
Ohio’s new Issue 1
Ohio voters in November will vote on an amendment to the Ohio Constitution that would change the process by which state and federal legislative district maps are drawn.
The biggest change relates to who would draw the maps. The amendment would replace the current redistricting commission, which is comprised of elected politicians, and replace it with an appointed citizens redistricting commission comprised of members of both major political parties and others who have no professional affiliation with politics.
The initiative is about putting the will of the people first, just like last year’s Issue 1, said Nan Whaley, president and CEO of Planned Parenthood Southwest Ohio Region.
“We know that when people have more control of their government in Ohio, abortion access is protected,” Whaley said.
Anti-abortion activists oppose Issue 1, saying they want it left up to the state politicians.
“We’d rather our elected officials design the things because we can hold them accountable,” Christie said.
Staff Writer Avery Kreemer and the Associated Press contributed to this story.
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