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As an Ohioan who worked to collect signatures and get Issue 1 on the ballot, I am absolutely thrilled reproductive rights are now enshrined in our constitution!! Alito was right about one thing, women have the power at the Ballot Box! 🗳️💪🏼🇺🇸💪🏼 ⚖️

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My god, Chris, I don’t know how or if you are sleeping, but thank you for this work!! I read every post!

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author

Don't fret! I slept in! (And thanks!)

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The Ohio amendment was discussed on this substack. But, just to reaffirm, it is a "reproductive freedom" amendment. To quote its text, not the Republican gloss:

"Every individual has a right to make and carry out

one’s own reproductive decisions, including but not

limited to decisions on:

1. contraception;

2. fertility treatment;

3. continuing one’s own pregnancy;

4. miscarriage care; and

5. abortion"

Roe v. Wade was part of a group of cases that protective an individual right of privacy, particularly over questions of family and fertility. Dobbs was a travesty by the Supreme Court that attempted to slice off abortion rights, defined by some to include usage of morning after pills.

Ohio provides a model of defending true liberty.

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[this not to any criticism of the discussion by CG; it is meant to underline what was done]

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The anti-abortion folks in the legislatures and Congress are up for overturning Griswold, too; and the new High Inquisitor, err 'Speaker' of the House is also keen to overturn Lawrence as well. The theofasicst Right would overturn Loving, if they could get away with it, because defeating integration was always their original aim; they only took up abortion as a cause because re-establishing Jim Crow was a definite loser in 1973 https://www.politico.com/magazine/story/2014/05/religious-right-real-origins-107133/

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I hope they remain clueless.

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I am a little confused on the ohio constitution thing. Doesn't issue 1 allow the state to regulate abortions after viability? How is an amendment that allows the state to regulate abortions seen as an abortion protection? It seems more to me like it is a win/lose for both sides. Thanks.

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Despite GOP propaganda, few pro choice advocates go so far as "on demand" choice after viability. The country has become comfortable with Roe, which always allowed post-viability regulation. The basic rationale for many is that once the fetus can live (with help) outside the womb, it does have a "personhood" that involves rights of its own. Premature birth has always required the efforts of the medical profession to keep the now-born child alive. Those rights include a balancing of mother and child rights: mere convenience privileges the child; death or health of the mother privileges the mother.

The question of "rights" has always involved a balancing analysis--the First Amendment's exceptions are an excellent example. For some reason many conservatives reject this approach to the 2nd amendment without ever even analyzing why this should be so.

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This is a fine addition to Chris's excellent post (except I assume you meant the country had become comfortable with ROE, which always allowed post-viability regulations).

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oops. Corrected!!

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The current Ohio law is a total ban after 6 weeks. No exceptions for rape, incest, or life of the pregnant person. The amendment requires an exception after viability when “necessary to protect the pregnant patient’s life or health.”

It is a win all the way around for women's health.

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Abortion, like any medical procedure, is going to include regulations. Very few abortions occur after viability. More accurately, the amendment allows a BAN on abortions after that point.

And, the amendment includes even then that "in no case may such an abortion be prohibited if in the professional judgment of the pregnant patient’s treating physician it is necessary to protect the pregnant patient’s life or health"

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