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COLUMBUS, Ohio (AP) — The most far-reaching of Ohio’s laws restricting abortion was struck down on Thursday by a county judge who said last year’s voter-approved amendment enshrining reproductive rights renders the so-called heartbeat law unconstitutional.

Enforcement of the 2019 law banning most abortions once cardiac activity is detected — as early as six weeks into pregnancy, before many women know they’re pregnant — had been paused pending the challenge before Hamilton County Common Pleas Judge Christian Jenkins.

Jenkins said that when the U.S. Supreme Court overturned Roe v. Wade and returned power over the abortion issue to the states, “Ohio’s Attorney General evidently didn’t get the memo.”

The judge said Republican Attorney General Dave Yost’s request to leave all but one provision of the law untouched even after a majority of Ohio’s voters passed an amendment protecting the right to pre-viability abortion “dispels the myth” that the high court’s decision simply gives states power over the issue.

“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 wrote. Jenkins said his ruling upholds voters’ wishes.

Yost’s office said it was reviewing the order and would decide within 30 days whether to appeal.

“This is a very long, complicated decision covering many issues, many of which are issues of first impression,” the office said in a statement, meaning they have not been decided by a court before.

Jenkins’ decision comes in a lawsuit that the ACLU of Ohio, Planned Parenthood Federation of America and the law firm WilmerHale brought on behalf of a group of abortion providers in the state, the second round of litigation filed to challenge the law.

“This is a momentous ruling, showing the power of Ohio’s new Reproductive Freedom Amendment in practice,” Jessie Hill, cooperating attorney for the ACLU of Ohio, said in a statement. “The six-week ban is blatantly unconstitutional and has no place in our law.”

An initial lawsuit was brought in federal court in 2019, where the law was first blocked under the landmark 1973 Roe v. Wade decision. It was briefly allowed to go into effect in 2022 after Roe was overturned. Opponents of the law then turned to the state court system, where the ban was again put on hold. They argued the law violated protections in Ohio’s constitution that guarantee individual liberty and equal protection, and that it was unconstitutionally vague.

After his predecessor twice vetoed the measure citing Roe, Republican Ohio Gov. Mike DeWine signed the 2019 law once appointments by then-President Donald Trump had solidified the Supreme Court’s conservative majority and raised hopes among abortion opponents.

The Ohio litigation has unfolded alongside a national upheaval over abortion rights that followed the Dobbs decision that overturned Roe, including constitutional amendment pushes in Ohio and a host of other states. Issue 1, the amendment Ohio voters passed last year, gives every person in Ohio “the right to make and carry out one’s own reproductive decisions.”

Yost acknowledged in court filings this spring that the amendment rendered the Ohio ban unconstitutional, but sought to maintain other elements of the 2019 law, including certain notification and reporting provisions.

Jenkins said retaining those elements would have meant subjecting doctors who perform abortions to felony criminal charges, fines, license suspensions or revocations, and civil claims of wrongful death — and requiring patients to make two in-person visits to their provider, wait 24 hours for the procedure and have their abortion recorded and reported.

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HOUSTON (AP) — Vice President Kamala Harris will team up with Beyoncé on Friday for a rally in solidly Republican Texas aimed at highlighting the medical fallout from the state’s strict abortion ban and putting the blame squarely on Donald Trump.

It’s a message intended to register far beyond Texas in the political battleground states, where Harris is hoping that the aftereffects from the fall of Roe v. Wade will spur voters to turn out to support her quest for the presidency.

Harris will also be joined at the rally by women who have nearly died from sepsis and other pregnancy complications because they were unable to get proper medical care, including women who never intended to end their pregnancies.

Some of them have already been out campaigning for Harris and others have told their harrowing tales in campaign ads that seek to show how the issue has ballooned into something far bigger than the right to end an unwanted pregnancy.

Since abortion was restricted in Texas, the state’s infant death rate has increased, more babies have died of birth defects and maternal mortality has risen.

With the presidential election in a dead heat, the Democratic nominee is banking on abortion rights as a major driver for voters — including for Republican women, particularly since Trump appointed three of the Supreme Court justices who voted to overturn the constitutional right. He has been inconsistent about how he would approach the issue if voters return him to the White House.

Harris’ campaign has taken on Beyonce’s 2016 track “Freedom” as its anthem, and the message dovetails with the vice president’s emphasis on reproductive freedom. The singer’s planned appearance Friday adds a high level of star power to Harris’ visit to the state. She will be the latest celebrity to appear with or on behalf of Harris, including Lizzo, James Taylor, Spike Lee, Tyler Perry, Samuel L. Jackson, Bruce Springsteen and Eminem. While in Texas, Harris also will tape a podcast with host Brené Brown.

Trump is also headed to Texas Friday where he’ll talk immigration, and tape a podcast with host Joe Rogan.

There is some evidence to suggest that abortion rights may drive women to the polls as it did during the 2022 midterm elections. Voters in seven states, including some conservative ones, have either protected abortion rights or defeated attempts to restrict them in statewide votes over the past two years.

“Living in Texas, it feels incredibly important to protect women’s health and safety,” said Colette Clark, an Austin voter. She said voting for Harris is the best way to prevent further abortion restrictions from happening across the country.

Another Austin resident, Daniel Kardish, didn’t know anyone who has been personally affected by the restrictions, but nonetheless views it as a key issue this election.

“I feel strongly about women having bodily autonomy,” he said.

Harris said this week she thought the issue was compelling enough to motivate even Republican women, adding, “for so many of us, our daughter is going to have fewer rights than their grandmother.”

“When the issue of the freedom of a woman to make decisions about her own body is on the ballot, the American people vote for freedom regardless of the party with which they’re registered to vote,” Harris said.

Harris isn’t likely to win Texas, but that isn’t the point of her presence Friday.

“Of all the states in the nation, Texas has been ground zero for harrowing stories of women, including women who have been denied care, who had to leave the state, mothers who have had to leave the state,” said Skye Perryman, president of Democracy Forward, a legal group behind many lawsuits challenging abortion restrictions. “It’s one of the major places where this reality has been so, so devastatingly felt.”

Democrats warn that a winnowing of rights and freedoms will only continue if Trump is elected. Republican lawmakers in states across the U.S. have been rejecting Democrats’ efforts to protect or expand access to birth control, for example.

Democrats also hope Harris’ visit will give a boost to Rep. Colin Allred, who is making a longshot bid to unseat Republican Texas Sen. Ted Cruz. Allred will appear at the rally with Harris.

When Roe was first overturned, Democrats initially focused on the new limitations on access to abortion to end unwanted pregnancies. But the same medical procedures used for abortions are used to treat miscarriages.

And increasingly, in 14 states with strict abortion bans, women cannot get medical care until their condition has become life-threatening. In some states, doctors can face criminal charges if they provide medical care.

About 6 in 10 Americans think their state should generally allow a person to obtain a legal abortion if they don’t want to be pregnant for any reason, according to a July poll from The Associated Press-NORC Center for Public Affairs Research.

Trump has been inconsistent in his message to voters on abortion and reproductive rights. He has repeatedly shifted his stance and offered vague, contradictory and at times nonsensical answers to questions on an issue that has become a major vulnerability for Republicans in this year’s election.

Texas encapsulates the post-Roe landscape. Its strict abortion ban prohibits physicians from performing abortions once cardiac activity is detected, which can happen as early as six weeks or before.

As a result, women, including those who didn’t intend to end a pregnancy, are increasingly suffering worse medical care. That’s in part because doctors cannot intervene unless a woman is facing a life-threatening condition, or to prevent “substantial impairment of major bodily function.”

The state also has become a battleground for litigation. The U.S. Supreme Court weighed in on the side of the state’s ban just two weeks ago.

Complaints of pregnant women in medical distress being turned away from emergency rooms in Texas and elsewhere have spiked as hospitals grapple with whether standard care could violate strict state laws against abortion.

Several Texas women have lodged complaints against hospitals for not terminating their failing and dangerous pregnancies because of the state’s ban. In some cases, women lost reproductive organs.

Of late, Republicans have increasingly tried to place the blame on doctors, alleging that physicians are intentionally denying services in an effort to undercut the bans and make a political point.

Perryman said that was gaslighting.

“Doctors are being placed in a position where they are having to face the prospect of criminal liability, of personal liability, threat to their medical license and their ability to care for people — they’re faced with an untenable position,” she said.

___

Long reported from Washington and Lathan from Austin, Texas.

The District of North Vancouver is getting ready for another bout of rain after an atmospheric river weather system drenched B.C.’s south coast last weekend, triggering a mudslide and localized flooding that killed at least three people.

The North Shore mountains could see another 75 millimetres of rain this weekend, and Lisa Muri, a councillor with the district, said staff were preparing by cleaning up culverts and placing sandbags throughout the community.

Muri said last weekend’s storm was unprecedented, bringing nearly 350 millimetres of rain to North Vancouver over three days.

The downpours caused creeks to swell and pick up wood debris and gravel that blocked culverts and drainage channels, she said, sending torrents of brown water down streets in the waterfront neighbourhood of Deep Cove.

District Mayor Mike Little said on Thursday that his daughter heard about the flooding in Deep Cove last Saturday and they headed to the area.

“We drove down, and within 10 minutes, the entire contents of Gallant Creek was overflowing over the road,” he said, adding they immediately called the fire department to come and block off nearby roadways.

“It was very, very shocking to see how much water was coming down the road.”

Several Deep Cove businesses have taken to social media to share their experiences with the flooding, including Caf/EH, a restaurant that shared a statement saying it is closed until further notice after sustaining extensive damage.

Little said Gallant Creek has seen other “significant rainfalls” in the last decade, and the district has been working to upgrade the catch basin system.

But last weekend’s rainfall was so intense, it overwhelmed the system, he said.

Ken Dosanjh, a meteorologist with Environment and Climate Change Canada, said the rain in the forecast this weekend will be “nothing” compared with the last storm, and it will come in a series of “pulses” rather than forming an atmospheric river.

He said North Vancouver could see up to 75 millimetres of rain in the coming days, but it will fall over multiple days at a lower intensity than it did last weekend.

“With the atmospheric river, we saw precipitation rates on the order of 10, even upwards of 20 millimetres an hour, which is extremely high,” he said Thursday.

“In this case, we’re noticing precipitation rates kind of fall around four to eight millimetres per hour, maybe reaching 10 (in) extreme cases.”

Little said District of North Vancouver crews had been working throughout the week to ensure drainage basins are clear for this weekend’s expected rain.

“We’ve been out scooping up the rock and debris that came down the creeks and rivers out onto the streets all across the district,” he said Thursday.

Little said he’s confident the district’s systems will be able to handle the rain in the forecast for this weekend, though he’s concerned that certain areas are still “vulnerable to a moderate amount of rainfall” after the recent drenching.

He said the Woodlands area of North Vancouver has seen rocks falling into creeks since last weekend, and the channels need to be cleared out.

Little, whose basement was also flooded, said some homes in the district are “seriously damaged,” and it will take residents time to recover.

Muri, too, said the district has been working to mitigate the risks of heavy rains and flooding, but the sheer volume of rain last weekend was difficult to manage.

“It’s not like we’re going to be able to completely stop flooding in the future, because Mother Nature and climate change are very, very fierce,” she said.

“We can’t engineer ourselves out of climate change. We just have to prepare, be proactive and mitigate where we can.”

This report by The Canadian Press was first published Oct. 24, 2024.