An Ohio judge has permanently struck down medical requirements and penalties tied to the state's six-week abortion ban, rejecting an effort to preserve rules that could send doctors to prison for performing constitutionally protected abortions.
Hamilton County Common Pleas Judge Christian Jenkins ruled Thursday, October 29, 2026, that Ohio could no longer enforce the remaining challenged provisions of its 2019 "heartbeat law," including mandatory fetal cardiac testing, reporting requirements and penalties for physicians who failed to comply.
Ohio officials had argued that those requirements could remain enforceable after the law's central restriction, which prohibited most abortions after approximately six weeks of pregnancy, was declared unconstitutional in 2024. Jenkins rejected that argument, finding the provisions were inseparable from the ban they were designed to support.
Under the law, physicians were required to check for fetal cardiac activity before performing an abortion, document the results and report certain information to the Ohio Department of Health. Performing an abortion without first conducting the test could constitute a fifth-degree felony.
Patients could also bring wrongful-death lawsuits against doctors who failed to obtain a signed acknowledgment of fetal cardiac activity, with potential damages of up to $20,000 and court costs. Physicians faced additional fines and professional discipline for failing to maintain certain medical records for seven years.
Jenkins found that preserving the requirements would allow doctors to face criminal punishment for providing abortions protected under Ohio's Constitution. Patients could also sue their physicians over lawful procedures simply because they had not signed the required acknowledgment.
The judge reached that conclusion after applying a three-part test established by the Ohio Supreme Court in 1927 to determine whether parts of a law can remain enforceable after another provision is invalidated. He also found that state officials had made conflicting arguments about whether the requirements could operate independently and had failed to provide supporting legal analysis for some of those claims.
Ohio enacted Senate Bill 23 in 2019, banning most abortions once fetal cardiac activity could be detected. The restriction took effect in June 2022 after the U.S. Supreme Court overturned Roe v. Wade. Jenkins temporarily blocked enforcement that September.
In November 2023, Ohio voters approved a constitutional amendment protecting reproductive decisions, including abortion, until fetal viability, with exceptions after viability to protect a pregnant patient's life or health.
Abortion providers, including Preterm-Cleveland and Planned Parenthood organizations, had challenged the law. Jenkins permanently struck down the six-week ban and related requirements in October 2024, prompting an appeal by state officials who sought to preserve portions of the legislation.
The First District Court of Appeals ruled in January 2026 that Jenkins had improperly considered constitutional questions when deciding whether the remaining requirements could stand independently. The appellate court returned those issues for further review, leading to the latest injunction.
Ohio Attorney General Andy Wilson's office said it was reviewing the decision and considering an appeal. Spokesperson Steve Irwin said officials would consult with their clients and evaluate the court's reasoning before determining their next steps.
