Steinberg v. Brown

(dissenting) :

I concur in the determination of the majority that plaintiffs herein have proper standing to maintain this action and that this Court should not abstain from the exercise of jurisdiction. However, I cannot agree with the decision on the merits of the declaratory judgment proceeding.

In its present form, the Ohio statute on abortion which emanates from legislation first enacted 136 years ago, provides as follows:

Ohio Revised Code § 2901.16 Attempt to procure abortion

No person shall prescribe or administer a medicine, drug, or substance, or use an instrument or other means with…