TOLEDO, Ohio — Ohio Attorney General Mike DeWine has appealed to the state Supreme Court to overturn lower court rulings that have kept open Toledo’s last abortion clinic.
In a Monday filing, DeWine asked justices to reconsider two decisions that found abortion restrictions imposed on Capital Care Network of Toledo were unconstitutional. Lower courts said the state exceeded its regulatory authority over the clinic.
The issue centers on a 2014 Ohio Department of Health decision to shut down Capital Care for lack of a patient-transfer agreement with a local hospital. Such agreements were mandated, and public hospitals barred from providing them, under abortion restrictions Ohio lawmakers passed in 2014.
Abortion-rights groups call the transfer agreements “medically unnecessary.” Abortion foes argue they protect women’s health and safety.
The clinic has continued operating during litigation.