Filed Date: June 29, 2022
Closed Date: Sept. 12, 2022
Clearinghouse coding complete
In the immediate aftermath of the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which returned regulation of abortion to the states, Ohio abortion providers raced to state court to block enforcement of a near-total abortion ban set to take effect in the state hours after the Dobbs decision was issued.
On June 29, 2022, Preterm-Cleveland, Planned Parenthood Southwest Ohio Region, Planned Parenthood Greater Ohio, Women's Med Group Professional Corporation, Northeast Ohio Women's Center, LLC, Toledo Women's Center and an individual abortion provider, filed this original action in mandamus in the Supreme Court of Ohio. Represented by the ACLU of Ohio Foundation, private counsel and Planned Parenthood Federation of America, the relators sued the Ohio Attorney General, the Ohio Department of Health and its Director, the State Medical Board of Ohio and its Secretary and Supervising Member, and the county prosecutors for Cuyahoga, Hamilton, Franklin, Montgomery, and Lucas Counties in their official capacities.
The relators alleged that Senate Bill 23 ("S.B. 23"), which had taken effect the evening of June 24, 2022 — within hours of the Dobbs decision dissolving a longstanding federal injunction against the law — violated the Ohio Constitution by banning abortion after detection of embryonic cardiac activity, which occurs at approximately six weeks from the last menstrual period (LMP), before many women even know they are pregnant. Prior to S.B. 23's enforcement, abortion had been legal in Ohio up to 22 weeks LMP. The relators brought claims under Article I, Sections 1, 16, and 21 of the Ohio Constitution, alleging that S.B. 23 violated Ohioans' fundamental rights to liberty, bodily integrity, reproductive autonomy, and health care freedom protected by the Ohio Constitution's Due Course of Law Clause and Health Care Freedom Amendment. They also alleged that S.B. 23 violated the Ohio Constitution's Equal Protection and Benefit Clause by discriminating against women, a suspect class, and that it could not survive either strict scrutiny or intermediate scrutiny. The relators sought a peremptory writ of mandamus directing respondents not to enforce S.B. 23, a declaration that S.B. 23 was unconstitutional, and an immediate emergency stay of enforcement pending resolution of the merits.
On July 1, 2022, Chief Justice Maureen O'Connor denied the relators' motion for an emergency stay without explanation. 167 Ohio St.3d 1448.
On September 2, 2022, the relators filed a new lawsuit challenging S.B. 23 in the Hamilton County Court of Common Pleas, Preterm-Cleveland v. Yost. Ten days later, on September 12, 2022, the relators applied to voluntarily dismiss this action in light of the new county court proceeding. The court granted the application and dismissed the case. The respondents' pending motion to dismiss was denied as moot. This case is now closed.
Summary Authors
Josie Clerfond (4/9/2026)
Preterm-Cleveland v. Yost, Ohio state trial court (2022)
Last updated Aug. 30, 2023, 1:37 p.m.
Docket sheet not available via the Clearinghouse.State / Territory:
Case Type(s):
Healthcare Access and Reproductive Issues
Key Dates
Filing Date: June 29, 2022
Closing Date: Sept. 12, 2022
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Ohio abortion providers
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Planned Parenthood Federation of America
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State
The State of Ohio
Defendant Type(s):
Case Details
Causes of Action:
Other Dockets:
Ohio state trial court No. 2022-0803
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Discrimination Area:
Discrimination Basis:
Affected Sex/Gender(s):
Medical/Mental Health Care:
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)
Time-based abortion prohibition
Case Summary of State ex rel. Preterm-Cleveland v. Yost, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/43945/ (last updated 4/9/2026).