The Unbelievable Reason John Kasich Vetoed Ohio’s ‘Heartbeat Bill’

You lose 100 percent of the battles you don’t wage. It’s an old adage that probably best applies to Ohio Gov. John Kasich’s decision Tuesday to veto a bill that would have banned abortions when a heartbeat is present.

In his veto message on HB 493, Kasich wrote:

As governor I have worked hard to strengthen Ohio’s protections for the sanctity of human life, and I have a deep respect for my fellow members of the pro-life community and their ongoing efforts in defense of unborn life. Certain provisions that were amended into Am. Sub. HB 493, however, are clearly contrary to the Supreme Court of the United States’ current rulings on abortion. 

Similar legislation enacted in two other states has twice been declared unconstitutional by federal judges, and the Supreme Court declined to review those decisions.  Because the federal courts are bound to follow the Supreme Court’s rulings on abortion, the amendment to Am. Sub. HB 493 will be struck down.  The State of Ohio will be the losing party in that lawsuit and, as the losing party, the State of Ohio will be forced to pay hundreds of thousands of taxpayer dollars to cover the legal fees for the pro-choice activists’ lawyers.  Furthermore, such a defeat invites additional challenges to Ohio’s strong legal protections for unborn life. Therefore, this veto is in the public interest.

What gets lost in the rhetoric are some of the facts. Although a lawsuit challenging the law would likely emerge immediately, litigating it through the federal court system would take months, if not years, during which time President-elect Donald Trump will be busily installing judges from his “short list.”

Additionally, Liberty Counsel had offered to defend the law at no cost to Ohio taxpayers.

But Kasich further defended his decision by pointing to Ohio Right to Life, which had sent him a letter urging him to sign SB 127—which “prohibits the performance of an abortion on a pregnant woman when the probable post-fertilization age of the unborn child is 20 weeks or greater”—instead of HB 493. The “pro-life” group refused to support HB 493, saying the alternative bill was the only “viable way forward in our effort against abortion.”

“I agree with Ohio Right to Life and other leading, pro-life advocates that SB 127 is the best, most legally sound and sustainable approach to protecting the sanctity of human life,” Kasich said. The comment included the following statement from the governor’s office:

As governor, John Kasich has continued his support for pro-life policies and has signed into law legislation banning late-term abortions, elective abortions in public, taxpayer hospitals and funding for abortions through public employee health plans. During his term as governor, abortions in Ohio have dropped to the lowest level in almost 40 years.

Although Ohio Right to Life may be cheering this “victory,” other pro-life and abolitionist groups were outraged. They vowed they “will not rest until this bill is passed into law,” stating they will never give up on protecting children.

Mark Harrington, national director of Created Equal, issued the following statement:

“History will not look kindly on Gov. Kasich for killing the best chance at protecting children that we have seen in a lifetime! This bill, which would protect babies with beating hearts, went down to defeat because Governor Kasich, who campaigned as a pro-life advocate, killed the bill. Those who bend the knee to the worst ruling in history (Roe v. Wade) are no better than the ones who wrote it.” {eoa}