this post was submitted on 23 Oct 2023
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This procedure is banned in the US. Why is it a hot topic in fight over Ohio's abortion amendment? (apnews.com)
submitted 1 year ago by girlfreddy@lemmy.world to c/news@lemmy.world
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In ads, debates and public statements, the opposition campaign and top Republicans have increasingly been referencing “partial-birth abortions” as an imminent threat if voters approve the constitutional amendment on Nov. 7. “Partial-birth abortion” is a non-medical term for a procedure known as dilation and extraction, or D&X, which is already federally prohibited.

“It would allow a partial-birth abortion,” Ohio Gov. Mike DeWine told reporters recently as he explained his opposition to the constitutional amendment, known as Issue 1.

“For many years, in Ohio and in this country, we’ve had a law that said a partial-birth abortion — where the child is partially delivered and then killed and then finally delivered — was illegal in Ohio,” the governor continued. “This constitutional amendment would override that.”

Constitutional scholars say that is not true and that the amendment would not override the existing federal ban if Ohio voters approve it.

“So changing our constitution will not affect in the slightest way the applicability of the federal partial-birth abortion ban,” said Dan Kobil, a law professor at Capital University in Columbus, who supports abortion rights. “It would be a federal crime for a doctor to violate that ban.”

That’s because the supremacy clause of the U.S. Constitution calls for federal laws to trump state laws, said Jonathan Entin, professor emeritus of law at Case Western State University.

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[–] Rusticus@lemmy.world -5 points 1 year ago (1 children)

You are incorrect.

https://www.brennancenter.org/our-work/research-reports/roe-v-wade-and-supreme-court-abortion-cases#:~:text=In%20Dobbs%20v.,however%2C%20independently%20protect%20abortion%20rights.

[–] girlfreddy@lemmy.world 5 points 1 year ago

This isn't about Roe/Dobbs. This is about a federal ban on partial-birth abortions, and because fed law overrides state an Ohio constitutional amendment cannot legalize partial-birth abortions ... no matter the lies the GOP tell.