The “pro-life” side won a major victory from the U.S. 6th Circuit Court of Appeals today, but the biggest victor was the Constitution.
Eleven of the 17 judges participating in the decision ruled that an Ohio law keeping state funds from organizations that perform nontherapeutic abortions does not run afoul of the constitutional abortion privilege created under the 1973 Roe v. Wade case and its progeny. The judges noted that the law still permits women to obtain abortions, but just not to force taxpayers to handle the bill.
For the majority, Judge Jeffrey Sutton wrote that tax-funded state governments are under “no obligation to pay for a woman’s abortion. Case after case establishes that a government may refuse to subsidize abortion services.”