Policy Pulse 9.10.26

As Ohio courts continue to interpret the impact of the 2023 abortion amendment, there are two recent decisions to keep in mind.  
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On August 20th, the Ohio Supreme Court unanimously dismissed a challenge brought by Trumbull County Judge David Engler.  Engler questioned if the constitutional amendment was being applied in a way that eliminated the judicial bypass process for minors seeking abortions. The case was novel in its approach, with Judge Engler arguing that anecdotal evidence regarding the number of minors seeking judicial bypass in his court violated a key check to the law provided by the judiciary. The Ohio Supreme Court dismissed the case.  
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This dismissal does not likely give any insight into how the larger legal fights over the Amendment will play out. A separate challenge remains pending in Butler County, and other cases continue to work their way through Ohio courts, including the state’s 24-hour waiting period, telehealth and other abortion pill restrictions, and even requirements related to the disposition of fetal remains. We’ll talk about the fallout over the abortion pill case further below. 

On August 21, Ohio’s First District Court of Appeals issued a decision in Women’s Med Dayton v. Vanderhoff, a case involving state regulation of abortion-providing ambulatory surgical facilities. The court allowed the underlying constitutional challenge to continue and upheld, with limits, an order requiring Ohio Department of Health Director Bruce Vanderhoff to be deposed regarding licensing and variance decisions. The abortion clinics allege that Ohio has applied its regulatory discretion in a discriminatory manner toward facilities that perform abortions. 

Recent Ohio Court decisions have tended to focus on procedural questions: who has standing, which questions move forward, who can be deposed, and which laws will be enforced or enjoined while the litigation moves forward.   

It can be very frustrating, because the fallout from those decisions is very real. Real lives hang in the balance. The abortion industry propped up their campaign with the false rhetoric that it would be protecting the status quo in Ohio, but it has actually been the radical expansion we predicted. There is nothing that showcases this like the abortion rate and policy over the abortion pill.  

Prior to Issue 1, the abortion pill had to be administered in person, by a licensed physician who would report severe side effects that hurt women and provide full informed consent at least 24 hours prior before starting the pill. Those requirements are all suspended pending various legal cases post Issue 1.  

The most recent fallout has been the serious complication reports which were reported to the State Medical Board. These reports, which had no patient identifying information, were public records that we were able to publish. They provided important information over the years that we have been able to review to identify concerning patterns, ensure women had accurate information, and file complaints against abortion providers who were flouting the law. A Judge has now blocked the requirement to issue these reports. 

This is not a pre-Dobbs status quo, it does nothing to help protect and advance the rights of women, and it certainly harms babies.  It leaves us completely unable to educate the policymakers of Ohio – in this case the voters, about the consequences of what they voted into our Constitution. 
All of this comes at a time when medication abortion is rapidly becoming dominant.  At the federal level, mifepristone is once again receiving significant scrutiny. A federal lawsuit brought by states seeking to challenge FDA expansion of the death drug, including changes leading it to be delivered by mail and evade what legal protections still exist in Ohio, was recently paused until December 1, 2026, or until the FDA completes a safety review.   

According to ODH monthly reports, more than 5000 abortions were reported in June and July. About 3200, or 64%, were medication abortions. These are just the ones that are being reported.  

We are on track for 30,000 abortions to happen in Ohio, a number we have not seen in Ohio for nearly 20 years.  

How does that make you feel?  

Are you shocked?  

Do you grieve? 

Does it anger you sufficiently to move you to action?  

It should.  

Response is not optional. Our response at GCRTL takes the form of prayer, education, and advocacy.  

40 Days for Life and our several advocacy trainings are great places to start.  
We are also expanding our educational programming on Abortion Pill Reversal (APR). We’ve partnered with PDHC to provide a joint training to the community, and they are scheduling quickly (we can only accommodate a few more in 2026, and our 2027 books are open). 
 
This program will help you to understand how the abortion pill regimen works, what women may experience, and what options may be available when a woman changes her mind after taking the drug. If someone asked you – would you know what to do?  

We also have a growing collection of educational and outreach resources available for you to use, including Spanish language materials. If you speak Spanish or another language in use in our community and are willing to help us with translation, presentation, or outreach skills – we have a role for you.  

These programs are optimal to bring to your church or school and compliment programs such as the USCCB’s recent national initiative focused on stopping the spread of the abortion pill.  

Lawsuits. Laws. Federal debates at the FDA. These may all seem far away or distant or insurmountable. But the truth is that you can have more of an impact that you think. This is no longer niche work in the movement. It is the work of the movement, and you can impact it today.