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A measure that would ban abortion after a fetal heartbeat can be detected—that's around three- to four- weeks post-conception—has managed to pass both houses of the Ohio legislature, despite the fact that federal courts have struck down all similar bans as unconstitutional. The measure, which cleared the Senate Tuesday as a last-minute addition to a larger bill concerning state child-abuse laws, states that "except when there is a medical emergency or medical necessity," Ohio doctors shall not perform abortions "if it has been determined that the unborn human individual the pregnant woman is carrying has a detectable fetal heartbeat."
Detection of a fetal heartbeat is "a milestone with no meaning to the federal laws governing abortion," as Molly Redden noted back in 2013, when Arkansas and North Dakota first passed heartbeat-based abortion bans. But "the people who support these laws dream that they will provide a legal basis for overturning Roe v. Wade," in which the U.S. Supreme Court said states cannot ban abortion before a fetus could live on its own outside of the womb.