‘Heartbeat’ abortion bill: House may seek to override Gov. Kasich’s veto

Ohio Gov. John Kasich may face a challenge from House Republicans over his veto this week of legislation that would ban abortions in Ohio after the first fetal heartbeat can be detected.

Some Republican House members believe the veto was “a step backward on this important issue,” said Brad Miller, spokesman for House Speaker Cliff Rosenberger.

Tell us what you think

On Twitter: Join the discussion on @Ohio_Politics

On Facebook: Like our Ohio Politics Facebook page and join the discussion and sound off on the issues.

Kasich vetoed the “heartbeat” bill, saying it would never survive a court challenge and would cost taxpayers thousands in legal fees.

“The speaker will be working with caucus members to determine possible options and the outcome will be decided after further consideration,” Miller said.

To override the governor’s veto, both the House and Senate would require a three-fifths majority.

Senate members will discuss their options if the House votes to override, Senate Republican spokesman John Fortney said.

Kasich did sign a bill Tuesday that would outlaw abortions in Ohio after 20 weeks, except when the mother’s life is at risk.

The Ohio Legislature passed several abortion bills in recent years. Here’s some answers to common questions about where Ohio stands:

How many other states have a law similar to the 20-week ban in Ohio?

Bans similar to the new Ohio law are in effect in 15 states and blocked from enforcement in two others - Arkansas and North Dakota.

Why a 20-week ban?

The measures are based on the assertion that at that point in their development, fetuses can feel pain — an idea opponents characterize as scientifically unsound. Ohio lawmakers rejected a Democratic amendment that would have added exceptions for rape and incest.

When would the 20-week ban take effect?

The 20-week ban would take effect 90 days from when Gov. Kasich signed it. It could be delayed, though, if there is a court fight over the law.

Could the 20-week ban lead to overturning parts of Roe v. Wade?

That is what some lawmakers hope happens.

The Supreme Court in 1973 ruled in Roe v. Wade a woman has a constitutional right to an abortion and government could only prohibit abortions in the third trimester of a pregnancy.

In a three-judge opinion in Planned Parenthood v. Casey in 1992 the court upheld a woman’s right to an abortion guaranteed by Roe, but substituted a new standard declaring a state could place an undue burden on a woman’s right to an abortion and that states could not outlaw abortions under viability of the fetus took place at 23 to 24 weeks of a pregnancy.

Where do doctors stand on Ohio’s new law and the ‘heartbeat’ bill?

The 16,000 member Ohio State Medical Association sent a letter to Kasich urging he veto the 6-week and the 20-week bans, saying they criminalize a procedure that is currently an accepted medical procedure.

How common are abortions after 20 weeks in Ohio?

In 2015, about 145 of the 20,976 abortions performed in the state were conducted after 20 weeks gestation, according to the Ohio Department of Health annual abortion report.

Are similar actions on abortion happening in other states?

GOP lawmakers in numerous states — including Texas, Missouri, Iowa, Indiana and Kentucky — plan to push for new anti-abortion legislation. Their efforts are being supported by a national anti-abortion group, Americans United for Life, which released a report Tuesday contending that many abortion clinics are in violation of state health and safety standards.

Could action be taken at the federal level similar to what Ohio has passed?

In Congress, Republicans are expected to advance legislation banning most abortions after 20 weeks and halting federal funding for Planned Parenthood as long as it performs abortions. President-elect Donald Trump has pledged to support both measures.

Andrew Welsh-Huggins of The Associated Press contributed to this report

About the Author