In ads, debates and public statements, the opposition campaign and top Republicans have increasingly been referencing “partial-birth abortions” as an imminent threat if voters approve the constitutional amendment on Nov. 7. “Partial-birth abortion” is a non-medical term for a procedure known as dilation and extraction, or D&X, which is already federally prohibited.

“It would allow a partial-birth abortion,” Ohio Gov. Mike DeWine told reporters recently as he explained his opposition to the constitutional amendment, known as Issue 1.

“For many years, in Ohio and in this country, we’ve had a law that said a partial-birth abortion — where the child is partially delivered and then killed and then finally delivered — was illegal in Ohio,” the governor continued. “This constitutional amendment would override that.”

Constitutional scholars say that is not true and that the amendment would not override the existing federal ban if Ohio voters approve it.

“So changing our constitution will not affect in the slightest way the applicability of the federal partial-birth abortion ban,” said Dan Kobil, a law professor at Capital University in Columbus, who supports abortion rights. “It would be a federal crime for a doctor to violate that ban.”

That’s because the supremacy clause of the U.S. Constitution calls for federal laws to trump state laws, said Jonathan Entin, professor emeritus of law at Case Western State University.

  • @[email protected]
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    191 year ago

    A cynic might say they are lying to stir up their voter base. I’m sure that’s not true though…

    • worldwidewave
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      1 year ago

      Oh that’s certainly true. Why does the “migrant caravan” arrive every four years, and mysteriously disappear from rage bait news after the election?

      When you can’t win actual arguments, you make up things the other side doesn’t believe in, and then you simply debate your own straw-men. This has been the leading Republican debate strategy for the last decade(s).

    • Jaysyn
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      21 year ago

      The only thing that has been stirred up is the #GOP losing consistently at the ballot box since Roe v. Wade was overturned.