Abortion-rights supporters filed a lawsuit Thursday to block a new Ohio law that bans the dilation-and-evacuation procedure, the most commonly used method to end second-trimester pregnancies.

The lawsuit was filed in U.S. District Court in Dayton by Planned Parenthood of Ohio and Women’s Med Center of Dayton, which argued that the law bans "a safe and medically preferred method of second-trimester abortion, and therefore would block doctors from being able to make medical decisions based on what is best for their patients."

It names Attorney General Dave Yost and local prosecutors in counties with abortion clinics as defendants.

Iris E. Harvey, president and CEO of Planned Parenthood of Greater Ohio, said, “Ohioans have a right to work with their doctors and choose the best medical procedure for them without interference from Ohio lawmakers. The method ban compromises medical decision-making, undermines patients’ constitutional right to access safe, legal abortion, and dangerously limits people’s options."

The lawsuit was anticipated as challenges in seven other states have blocked similar laws from taking effect.

Current state law prohibits abortions after 20 weeks of pregnancy. The ban on dilation-and-evacuation procedures "imposes an undue burden on women seeking abortions after approximately 15 weeks of pregnancy," abortion-rights supporters argued in their 16-page lawsuit.

They said the only alternative for women in their second trimester is an inpatient induction abortion procedure, in which physicians use medications to induce labor and delivery of a non-viable fetus.

"Because induction abortions are expensive and involve going through labor, along with all the pain and potential for complications that it entails, very few women choose an induction abortion ... (and they) account for only about 5 percent of second-trimester abortions nationally."

Under the Ohio law, set to take effect March 22, a physician who uses the dilation-and-evacuation method would face up to 18 months in prison. It contains no exceptions for rape or incest, but does for the life or physical health of the mother.

Yost on Thursday defended the measure, House Bill 145.

“This is a lawful statute enacted by the General Assembly and we will vigorously defend its constitutionality," he said.

Opponents of abortion rights said the procedure is "barbaric" and should be outlawed.

"This law, should it go into effect, would prohibit the barbaric dismemberment abortion procedure, in which an abortionist first dilates the woman's cervix, and then uses steel instruments to dismember the living, unborn baby," said Mike Gonidakis, president of Ohio Right to Life.

"It's hard to imagine how Planned Parenthood could be in support of a procedure which allows living unborn babies to be ripped limb from limb. This horrendous procedure took place over 3,500 times in Ohio in 2017. At what point will the court reject Planned Parenthood's frivolous lawsuits?"

Sen. Matt Huffman, R-Lima, sponsor of Senate Bill 145, said he’s not surprised that a legal challenge was filed, but he’s confident the bill will be upheld.

Part of the basis for why it’s constitutional, Huffman said, is Supreme Court precedent upholding so-called partial-birth abortion bans.

“It is a painful procedure for the unborn child,” he said. “There’s prior precedent, and I think there’s a different sort of mindset with the different makeup of the U.S. Supreme Court. I think that’s part and parcel to a lot of the discussion, including the heartbeat bill that’s going on right now.”

Before the summer, majority legislative Republicans are once again expected to pass the heartbeat bill, which would ban an abortion after a fetal heartbeat can be detected, around six or seven weeks of pregnancy. Gov. Mike DeWine has said he will sign the bill, after former Gov. John Kasich twice vetoed it.

DeWine's office had no comment.

Dispatch reporters Randy Ludlow and Jim Siegel contributed to this story

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