ACLU of Ohio and Reproductive Rights Law Initiative File Proposed Amicus Brief in Lawsuit Involving Trumbull County Judge Targeting Ohio Reproductive Freedom Amendment

Columbus, OH – Today, the ACLU of Ohio and the Reproductive Rights Law Initiative (RRLI) at Case Western Reserve University School of Law filed a proposed amicus brief in the Supreme Court of Ohio, arguing that Trumbull County Judge David Engler lacks standing to challenge the Ohio Reproductive Freedom Amendment for “interfering with his judicial power,” and that his challenge is legally meritless.

In April, Judge David Engler (a Republican judge for the Trumbull County Court of Common Pleas Domestic Relations and Juvenile Division) filed suit in the Supreme Court of Ohio, asserting that the Ohio Reproductive Freedom Amendment eliminates Ohio’s parental consent requirements for minors seeking abortion. He claims that this change means he hears fewer cases involving young people who are unable to get parental consent and are seeking the court’s permission to bypass this requirement. However, Ohio abortion providers still require either parental consent or a court order for minors seeking abortions.

“Issue 1 received 57% of the vote in 2023. This is nothing more than an attempt to undermine the will of the Ohio voters who overwhelmingly supported this amendment,” said Jessie Hill, RRLI Director at CWRU School of Law.

“This case is yet another example of Ohio elected officials putting their own political careers and personal interests ahead of the will of Ohioans and the clear dictates of the law. Ohioans deserve better and Ohio courts should not be burdened with frivolous claims such as this one,” said Maggie Scotece, Staff Attorney at the Reproductive Rights Law Initiative.

“This case is a blatant effort to rewrite the Ohio Constitution by judicial fiat, and it fails for a multitude of reasons. No judge has a constitutional right to hear any particular cases, and Judge Engler is not ‘injured’ because for whatever reason—there may have been fewer of those cases in his court recently. This is not a live case worthy of addressing on the merits, and the Supreme Court of Ohio should not take the bait,” added David Carey, Managing Legal Director for the ACLU of Ohio.

The ACLU of Ohio and RRLI urge the Supreme Court of Ohio to dismiss the case without any further proceedings.

Read the amicus brief.