What is the Ohio “Heartbeat Bill,” and How Did it Come to Be?

It appears that the Ohio legislature’s 8-year wish will finally come true. The controversial “heartbeat bill” is poised to go into full effect in Ohio after both chambers of the Ohio legislature passed the resolution for the third time since it was first taken to the Ohio General Assembly floor. First introduced in Ohio in 2011, the bill was twice vetoed by former Ohio governor John Kasich, and failed to garner enough votes to override the veto both times. Now, with first-term governor Mike DeWine at the helm, the bill is sure to survive.

Passed as Ohio House Bill 68 and Senate Bill 23, the “heartbeat bill” makes abortion illegal once a fetal heartbeat is detected, which could be as early as 5-6 weeks after pregnancy. The bill only permits abortion after a heartbeat is detected if a woman is experiencing a medical emergency. The bill does not provide an exception for rape or incest.

The controversial legislation was authored by Janet Porter, a pro-life activist who lobbied for the passage of the country’s first partial-birth abortion ban, and secured passage of the Woman’s Right to Know Law. Porter says she and others “literally crafted [the] legislation to be the arrow in the heart of Roe v. Wade. It is made to come before the United States Supreme Court.” Anticipating the retirement (or worse) of the Court’s aging, liberal justices, Porter is hopeful that challenges to the bill will arrive at the Supreme Court when there are additional conservative justices that will uphold the bill once it is Ohio law and, perhaps, overturn Roe v. Wade.

Continue reading “What is the Ohio “Heartbeat Bill,” and How Did it Come to Be?”

Issue One: Light At The End of the Tunnel or a Risky Gamble?

Everyone agrees that we need to fight drug addiction in Ohio. The Cincinnati area has had some of the highest opioid overdoses and deaths in the country. There aren’t many local families that haven’t been touched by the opioid crisis in some manner, my own family included.On the ballot in 2018 in Ohio, there is a proposed amendment to the Ohio Constitution that would reduce the crime of possession of personal amounts of illegal substances to misdemeanors not resulting in jail terms. Additionally, the amendment would make it harder to incarcerate drug users on probation or parole for failing drug tests. This proposed amendment on the ballot is known as Issue One, and it has strong proponents and opponents.

Continue reading “Issue One: Light At The End of the Tunnel or a Risky Gamble?”

Fighting the Good Fight

The Honorable Judge Shira Scheindlin

Nikita Srivastava (’19)

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Hon. Shira Scheindlin

Advocate. Lawyer. Engaged citizen.

These are only a few words Professor Janet Moore used to describe the Honorable Shira Scheindlin, U.S. District Court for the Southern District of New York (ret.), this year’s Judge-in Residence at the University of Cincinnati College of Law.

I had the pleasure to attend her lecture on Race and Policing, and have lunch with her the following day. As a law student, I’ve always told myself that I will be the change I want to see to paraphrase Mathama Gandhi. But, like many other law school students, I get bogged down by the environment at the law school. I stress out most of the time. I don’t get enough sleep. I find myself comparing me to other people making me insecure. I constantly fight the urges to lash out because of insecurities. In just two years, I forgot why I wanted to be a lawyer. However, Judge Shira Scheindlin reminded me why I made that choice.

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A Plea for More Gun Control

A Student’s Perspective on Gun Control.

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Jade Robinson (’20)

Guest Contributor, Jade Robinson (’20)

After the recent tragedy in Florida, we need to ask legislatures that if not now, then when? When will our legislature overpower the lobbyists and the NRA and create change in this nation’s gun control policy?

When my British family members came to the United States, their jaws dropped when we mentioned going to a shooting range for fun. In England, shooting ranges , like the ones in the United States, do not exist. In fact, the U.S. is the only industrialized country that has experienced multiple devastating mass shootings and extremely high firearm mortality rates; also, the U.S has passed no major federal legislation addressing this issue. Compared to other industrialized nations, America has a major unaddressed gun violence issue.

Continue reading “A Plea for More Gun Control”

Judge Shira Scheindlin

Nikita Srivastava (’19)

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Judge Shira Scheindlin

We’re excited to host Judge Shira Scheindlin, U.S. District Court for the Southern District of New York (ret.) as our Jugdse-in residence the week of February 26, 2018. While in law school, only 10% of Judge Schiendlin’s class were women. Judge Schiendlin was nominated for the Supreme Court by President Bill Clinton in 1994. Recently, she wrote an article about women in the legal professions. In this article, she not only shares her personal experience as a federal judge but also other women’s experiences. Continue reading “Judge Shira Scheindlin”

Supreme Court: Offensive Speech May be Trademarked

Congress’s 70-year-old ban on registering disparaging terms struck down on free-speech grounds

tim armstrongGuest Contributor: Cincinnati Law Professor Tim Armstrong

An important new Supreme Court decision gives private parties the right to receive federal trademark registration of a term that disparages racial or ethnic minority groups. In Matal v. Tam, the Supreme Court ruled that part of the federal trademark statute is unconstitutional to the extent that it forbids federal trademark registration for terms “which may disparage … persons, living or dead … or bring them into contempt, or disrepute.” To forbid registration of disparaging terms as trademarks, the Court unanimously agreed, violates registrants’ First Amendment rights to free expression even of “ideas that offend.”

At the heart of this case is bass player Simon Tam, a member of a quartet of Asian-American musicians who describe their style as “Chinatown dance rock.” The band chose to name itself “The Slants,” in what the Court described as an attempt to “reclaim … a derogatory term for persons of Asian descent …. and drain its denigrating force.” Continue reading “Supreme Court: Offensive Speech May be Trademarked”

Equal Opportunity Offender

Senator Sessions’ consistent opposition to civil rights makes him wrong for Justice.

As confirmation hearings for Jeff Sessions begin today, some Senators may be tempted to dismiss objections to his elevation as a smear campaign based on ancient history.  But, when it comes to  Sen. Sessions,  the past is prologue.  Sessions is the wrong person to be the nation’s  top law enforcer.  Continue reading “Equal Opportunity Offender”