COLUMBUS, Ohio - Time is running out on a controversial bill banning abortions when a fetal heartbeat is detected, raising questions about whether the measure will become Ohio law.
On Thursday morning, Ohio Senate Health, Human Services and Medicaid Committee had convened for an expected vote on House Bill 258, which could have advanced the bill to the Senate floor later in the day. But committee chairman Sen. David Burke said there were several amendments and lawmakers needed more time to study them.
Ohioans on both sides of the abortion debate had believed H.B. 258 would repeat the journey a similar measure took in 2016: Passage by the Ohio General Assembly, then a veto by Gov. John Kasich. But this year, supporters had hoped that, with even more Republicans in the Ohio General Assembly than two years ago, there would be the votes to override any Kasich veto.
Now, that plan is in question.
“Based on the short timeline that we received the bill from the House, we wanted to make sure people had ample time to testify," said John Fortney, the GOP spokesman in the Senate.
The timeline
The 132nd General Assembly officially ends Dec. 31, although legislative leadership in the two chambers have said they are likely to end by Dec. 19 or sooner. The first day of the 133rd General Assembly, in which a number of newly elected lawmakers will be sworn in, will be Jan. 7.
If lawmakers pass H.B. 258, Gov. John Kasich would get up to 10 days to sign it -- excluding Sundays -- veto it or allow it to become law without his signature. Then lawmakers would have to return to Columbus and override the veto, which requires votes of three-fifths of the members of each chamber.
“It would be up to the members, obviously, but if it was passed theoretically next week, I think it would come back (for a veto override) before the end of the year," Fortney said. "It would be after Christmas.”
That may be a tall order, however.
During the holidays, some lawmakers travel outside the state, meaning many Republicans may not make it back to Columbus for an override vote.
Philosophically, many lawmakers consider veto overrides a tool that must be used sparingly. Therefore, many lawmakers will vote in favor of a bill but later in opposition of a veto override.
Ohio Senate President Larry Obhof said Wednesday evening there is a lot of support among members of his caucus for the bill.
“My anticipation is we’ll pass it at some point,” he said.
Obhof wouldn’t go into details about whether the Senate has the requisite 20 votes necessary for the chamber to override a veto. “We’ll see,” whether there is an override, he said.
The bill
Abortion rights defenders call the bill a “six-week ban” because a fetal heartbeat can be detected as early as six weeks into a pregnancy. A heartbeat can be detected even before a woman is aware she’s pregnant.
Supporters of the bill say the legislation is intended to protect human life. Some supporters also hope the bill tests the new makeup of the U.S. Supreme Court.
“The (bill) will provide the Supreme Court with an opportunity to modify its abortion jurisprudence so that Congress and the states may protect those unborn children who are virtually certain to be born,” said David F. Forte in written remarks to the committee on Tuesday.
On Wednesday, the committee listened to opponent testimony, including from Ellen Schleckman, a Cleveland native and fourth-year medical student pursuing a career in obstetrics and gynecology. She said the bill would interfere with a doctor giving the best care to patients and will result in fewer physicians wanting to practice in Ohio.
“I want Ohio’s fantastic health care systems to recruit talented women’s health care physicians from across the country, physicians who will bring our institutions research dollars, find innovative solutions to combat our disparities and provide high quality care to our communities,” she said.
Sen. Charleta Tavares, who opposed the bill, asked several opponents who testified about state support after a woman delivers a baby.
“Do you feel the government would be there for them and their children with services they might need – housing, employment, substantive services such as Medicaid, etc.? Because we know African Americans and women of color are women who have been painted as welfare queens,” she asked one person who testified.
Sen. Peggy Lehner, who supports the bill, had a different line of questioning.
“Do you know how many times the Supreme Court upheld segregation laws before it stuck them down?” she asked a representative of the American Civil Liberties Union of Ohio. She later added that she hoped the fate of fetuses in the high court would be “as successful for the unborn as it was for the African American.”
Abortion is currently illegal after around 20 weeks in Ohio.
The Ohio General Assembly previously passed – and Gov. John Kasich signed – the 20-week ban, called the Pain-Capable Unborn Child Protection Act. It went into effect in March. It prohibits abortions 20 weeks or more after fertilization, or about 22 weeks into a pregnancy as measured by physicians.
NARAL Pro-Choice Ohio lawyers are considering filing suit over the 20-week ban, said the organization’s spokesman Gabriel Mann.