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Roe vs. Wade overturned: What does it mean for Ohio and Michigan abortion laws?

A federal judge cleared the way late Friday for Ohio's Heartbeat Bill to take effect.

TOLEDO, Ohio — Friday's Supreme Court decision overturning Roe vs. Wade will have a drastic impact on abortion rights across the country as the question of legality is returned to the states.

However not all states are on the same page when it comes to what's next. Nearly half will essentially ban all or most abortions, and 13 have "trigger bans" in place outlawing them within 30 days of Friday's decision.

Here's what the Supreme Court decision means for Ohio and Michigan:

Ohio

Late Friday, a federal judge dissolved an injunction that had blocked a 2019 law that would severely restrict abortion in Ohio, clearing the way for the so-called Heartbeat Bill to take effect.

In April 2019, the state passed the bill, a six-week abortion ban. At the time, Ohio was the sixth state to attempt to ban abortions as soon as a heartbeat can be detected in a fetus.

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A federal judge issued an injunction shortly after passage, which delayed implementation. Shortly after the Supreme Court ruling became public Friday, Ohio Attorney General Dave Yost filed a motion to dissolve the injunction.

Hours after that injunction was filed, a judge dissolved the injunction, allowing it to go into effect, effectively banning abortions in the state when fetal cardiac activity is detected.

At the same time, the case on which the injunction was filed was not dismissed. Rather a status conference will be set to discuss further proceedings.

Gov. Mike DeWine, who signed the bill, previously said it would be "prudent" to place the six-week ban on the books before moving on to more aggressive legislation. The bill does not allow exceptions for rape or incest, and only allows doctors to give an "affirmative defense" if the life of a mother was in jeopardy.

It is common for women to not know they are pregnant until after six weeks.

The law, rather than punishing women who get abortions allows for criminal penalties for doctor's who perform abortions in violation of the law. 

Doctors who perform abortions after detecting a heartbeat face a fifth-degree felony and up to a year in prison. Doctors are also subject to disciplinary action from the State Medical Board including fines up to $20,000.

Although the bill does include exceptions in the case a mother's life is in jeopardy it does not include exceptions for cases of rape or incest. 

The most recent trigger ban in Ohio, also known as House Bill 598, was introduced by Rep. Jean Schmidt (R-Loveland). If passed, abortion would become a fourth-degree felony and promoting abortion would be a misdemeanor offense.

Civil lawsuits could also be filed against doctors who perform an abortion and their licenses could be revoked.

Michigan

In Michigan, it is still legal to get an abortion, although there are some complicating factors.

Friday's Supreme Court decision means a nearly century-old law has returned to the conversation. The state's 1931 abortion ban states all abortions are felonious and cannot be performed unless the life of the mother is at stake. 

There are no exceptions for rape or incest. The law was an update to a previous version adopted in the 1840s, and was the law of the land until Roe vs. Wade.

In April, Planned Parenthood of Michigan and the American Civil Liberties Union filed a lawsuit to block enforcement of the 1931 ban in anticipation of Roe vs. Wade being overturned. On May 17, a Michigan Court of Claims judge granted an injunction barring enforcement of the law.

On Friday, Gov. Gretchen Whitmer asked the Michigan Supreme Court to strike down the law to ensure abortion remains legal in the state.

The next few weeks or months could decide the fate of abortion in Michigan. 

On the other side of the aisle, state Republicans are trying to strengthen the 1931 law. Rep. Steve Carra (R-Three Rivers) recently introduced a bill that would charge anyone who performs an abortion with manslaughter, punishable by up to 10 years in prison and a $100,000 fine.

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