The Ohio Department of Health has filed an appeal in hopes that the Ohio Supreme Court will reverse the 6th District Court of Appeals’ July decision that kept Toledo’s last abortion facility open.

In 2014, state officials ordered Capital Care Network to shut down its Toledo surgical center for lacking a ambulatory transfer agreement with a local hospital. The facility sued, arguing the shutdown order would impose an “undue burden” on the “right” to abortion.

Capital Care Network attempted to argue its transfer agreement with the University of Michigan Medical Center in Ann Arbor sufficed, but the Michigan facility did not qualify as local.

Lucas County Common Pleas Court Judge Myron Duhart agreed that closing the facility would impose an “undue burden” on abortion seekers. The 6th District ruling upheld that decision, deeming the need for the transfer requirement “nonexistent” as “the need has not arisen [at Capital Care] in the past 12 years.”

The Ohio Department of Health has filed an appeal in hopes that the Ohio Supreme Court will reverse the 6th District Court of Appeals’ July decision that kept Toledo’s last abortion facility open.

In 2014, state officials ordered Capital Care Network to shut down its Toledo surgical center for lacking a ambulatory transfer agreement with a local hospital. The facility sued, arguing the shutdown order would impose an “undue burden” on the “right” to abortion.

Capital Care Network attempted to argue its transfer agreement with the University of Michigan Medical Center in Ann Arbor sufficed, but the Michigan facility did not qualify as local.

Lucas County Common Pleas Court Judge Myron Duhart agreed that closing the facility would impose an “undue burden” on abortion seekers. The 6th District ruling upheld that decision, deeming the need for the transfer requirement “nonexistent” as “the need has not arisen [at Capital Care] in the past 12 years.”

However, the importance of a given regulation is normally a value judgment reserved to government’s elected branches, rather than judges charged with merely applying the law. Further, Live Action News has covered