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Reproductive Freedom for All strongly opposes Michael Hendershot, Trump's pick to serve on the United States District Court for the Northern District of Ohio
Reproductive Freedom for All opposes his nomination due to his extensive record of hostility toward reproductive freedom.
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Hendershot also has a record of undermining fair elections and trying to prevent Americans from exercising their constitutional right to vote, including by defending Ohio’s decision to eliminate same-day registration and reduce early voting access.
Hendershot also has a record of attacking other fundamental rights, including LGBTQ+ equality, and gender justice.
Trump has a deeply troubling track record of nominating judges who oppose reproductive freedom, reflecting the Trump administration’s vision for courts that are hostile to the basic reproductive rights and freedoms of all Americans.
Michael Hendershot, Trump’s nominee for United States District Court for the Northern District of Ohio has a record against reproductive freedom.
Who is Michael Hendershot?
Michael Hendershot is Trump’s nominee for United States District Court for the Northern District of Ohio. Reproductive Freedom for All opposes his nomination due to his record of hostility toward reproductive freedom, voting rights, and other fundamental rights.
As the Chief Deputy Solicitor General of the Ohio Attorney General’s Office, Hendershot has repeatedly led and supported efforts to undermine abortion access. He was counsel of record in a case where he defended Ohio’s law banning abortion before most people know that they are pregnant—even after a majority of Ohio voters chose to enshrine reproductive rights in their state constitution. He also defended burdensome and medically unnecessary restrictions on abortion clinics.
Hendershot also has a record of undermining fair elections and trying to prevent Americans from exercising their constitutional right to vote, including by defending Ohio’s decision to eliminate same-day registration and reduce early voting access.
Hendershot also has a record of attacking other fundamental rights, including LGBTQ+ equality, and gender justice.
Dive Deeper: Michael Hendershot’s Anti-Repro Record
Led and Supported Attacks on Abortion Access
As Chief Deputy Solicitor General of Ohio, Hendershot defended a law that banned abortion before most people know they are pregnant. Hendershot was the counsel of record in the case and filed numerous briefs and appeals attempting to lift lower court injunctions that had paused the ban, allowing clinics to resume services during litigation. He unsuccessfully argued that Ohio had the right to strictly regulate and criminalize abortion access following the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision. Hendershot continued these efforts even after a majority of Ohioans voted to enshrine reproductive rights in their state constitution in November 2023 through the Issue 1 ballot measure.
During his time as Deputy Solicitor General, Hendershot also successfully defended Ohio in a pre-Dobbs multi-year legal battle challenging a law that forced providers to interrogate a person’s motives for seeking abortion care and hold providers legally liable depending on why someone is seeking care. It allows the state to target providers who provide this care and charge them with a fourth degree felony, with no health exceptions.
In the same case, Hendershot also defended Ohio’s abortion method ban. This litigation resulted in a critical Sixth Circuit victory for Ohio’s abortion restrictions.
Hendershot successfully argued that the Ohio Supreme Court uphold burdensome and medically unnecessary clinic regulations that the legislature had placed into a 2013 state budget bill, arguing that the clinics lacked standing to challenge hospital transfer requirements. Hendershot’s procedural victory allowed the state to force the closure of multiple clinics that were unable to meet the restrictive and unnecessary transfer agreement requirements.
Hendershot signed onto an amicus brief defending Tennessee’s restrictive abortion laws, including mandatory waiting periods. The briefs argued that federal appellate courts should grant absolute deference to state legislatures seeking to restrict reproductive healthcare.
Career
Bachelor of Arts, Ohio Wesleyan University, 1997
Juris Doctor, University of Virginia School of Law, 2001
Law Clerk to the Hon. Jerry E. Smith, U.S. Court of Appeals for the Fifth Circuit, 2001-2002
Associate, Brown & Bain, PA, 2002-2005
Law Clerk to the Hon. Terrence O’Donnell, Ohio Supreme Court, 2005-2006
Associate, Vorys, Sater, Seymour, and Pease, LLP, 2006-2011
Adjunct Professor of Appellate Advocacy, Ohio State University College of Law, 2019-2022
Chief Deputy Solicitor General, Ohio Attorney General’s Office, 2011-present
Michael Hendershot's Record Against Democracy and Voting Rights
During his tenure as Chief Deputy Solicitor General, Hendershot has been a primary defender of Ohio’s most aggressive efforts to restrict voting rights—defending the elimination of same-day registration, the rollback of early voting hours, and partisan gerrymanders so extreme that the Ohio Supreme Court rejected them five consecutive times.
Hendershot represented Ohio in a challenge by the Ohio Democratic Party against then-Ohio Secretary of State Jon Husted, defending a law that eliminated same-day voter registration and in-person voting. The Ohio Democratic Party argued that this change violated the Equal Protection Clause of the Fourteenth Amendment and Section 2 of the Voting Rights Act, and presented evidence that African American voters disproportionately relied on this same-day registration window.
Hendershot served as co-counsel and “contributed substantially” to briefs in a lawsuit challenging Ohio’s decision to reduce early voting from 35 to 29 days and eliminate Sunday and evening voting hours. The NAACP and other plaintiffs argued these reductions violated the 14th Amendment and Section 2 of the Voting Rights Act by disproportionately burdening African American and lower-income voters.
Although lower federal courts initially blocked the early voting cuts, the U.S. Supreme Court issued an emergency 5-4 stay that allowed the reduced schedule to proceed for the 2014 midterm elections.
Hendershot acted as the primary defense attorney for the Republican statewide officials serving on the Redistricting Commission in a challenge by the League of Women Voters of Ohio following the 2020 Census. They argued that the newly drawn state legislative maps were extreme partisan gerrymanders designed to lock in a Republican supermajority, violating a 2015 anti-gerrymandering amendment added to the Ohio Constitution by voters.
Hendershot aggressively pushed back against the Ohio Supreme Court’s demands for strict partisan proportionality and argued that the Court was exceeding its constitutional authority by attempting to micromanage the map-drawing process.
After years of litigation, a bipartisan majority of the Ohio Supreme Court struck down the Commission’s submitted legislative maps five separate times, ruling that they unconstitutionally favored the Republican Party out of proportion to the state’s actual voting preferences.
Michael Hendershot's Record Against LGBTQIA+ Equality
Hendershot was involved in several high-profile appellate fights opposing LGBTQIA+ rights during his tenure as Chief Deputy Solicitor General, including attacks on the transgender community and fighting against marriage equality.
Hendershot defended Ohio in a case challenging the state’s ban on transgender individuals amending the gender marker on their birth certificates, one of only three states to do so at the time. A federal judge invalidated the policy as unconstitutional in December 2020, and the Ohio Attorney General’s Office ultimately declined to appeal the ruling.
Hendershot signed a multi-state amicus brief in the Sixth Circuit supporting a challenge against an Ohio school district that had implemented a policy prohibiting the intentional misgendering of transgender students. When a federal court suggested that students who objected could simply avoid using pronouns altogether, the brief pushed back, arguing that pronoun usage is a “virtual necessity” in daily life and that forcing students to either use preferred pronouns or avoid pronouns entirely is an unconstitutional violation of their free speech.
During the 2024 Supreme Court battles over whether states can dictate how social media platforms moderate content, Hendershot contributed to an amicus brief arguing that platforms unfairly censor conservative speech. The brief explicitly singled out “transgender issues” as a primary example of this alleged censorship, complaining that technology companies suppress conservative viewpoints regarding “separate bathrooms, locker rooms, and sports teams,” “appropriate medical care,” and debates over “the nature of what it means to be male or female.”
As Chief Deputy Solicitor General, Hendershot is the second-in-command of the state’s appellate division, which entails playing a central role in crafting and managing the appellate strategy for Ohio’s most contentious legal battles. In high-profile cases, Ohio’s Solicitor General is typically the counsel of record. Hendershot is not explicitly listed as counsel in the following two cases, but because of his role was likely involved in strategic decision-making:
During Hendershot’s time in this role, Ohio was the lead state defendant in Obergefell v. Hodges. Hendershot was Chief Deputy Solicitor General from 2011 onward and was serving in that role throughout the entire arc of Ohio’s defense of its same-sex marriage ban—including the 2013 district court rulings against Ohio, the 2014 Sixth Circuit decision upholding the bans (later reversed by the Supreme Court), and the 2015 Supreme Court briefing and oral argument in which Ohio urged the Court to allow states to deny recognition of same-sex marriages.
Also during Hendershot’s time in this role, the Ohio Solicitor General’s Office defended a gender affirming care ban and a ban on the participation of transgender girls and women in school sports. H.B. 68, enacted by veto-override in January 2024, bans puberty blockers and hormone therapy for transgender youth and bars transgender girls from school sports. Governor DeWine vetoed the law, stating that it would have the state override parents and physicians on deeply personal medical decisions—a veto the legislature overrode.
The Ohio Solicitor General’s Office defended H.B. 68 across all levels of state-court review, including at the Ohio Supreme Court (oral arguments were held in early 2026). The office’s litigating position has been that parents have no constitutional right to access gender-affirming care for their children when the legislature has deemed it “wrongdoing,” and that children have no “deeply rooted right to get gender reassignment treatments.”
Michael Hendershot's Record Against Gender Justice
Hendershot participated in litigation led by Ohio Attorney General Dave Yost, as part of a multi-state effort, to block the Biden Administration’s 2024 Title IX rules that expanded sex-based discrimination protections to include sexual orientation and gender identity.
The Big Picture
Trump has a deeply troubling track record of nominating judges who oppose reproductive freedom, reflecting the Trump administration’s vision for courts that are hostile to the basic reproductive rightsand freedoms of all Americans.
Decisions made by these judges will impact our health, access to care, and daily lives, and we deserve to know whether these nominees are committed to fairness and equality under the law or if they are beholden to an ideology or agenda opposing reproductive freedom.
Citations and Sources
Michael Hendershot, Questionnaire for Judicial Nominees, United States Senate Committee on the Judiciary (April 2, 2026).
Preterm-Cleveland v. Yost, 2023-Ohio-4570, 178 Ohio St. 3d 1, 254 N.E.3d 1.
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Supplemental Brief of Defendants-Appellants, Preterm-Cleveland v. Yost, No. 2023-0004 (Ohio Dec. 7, 2023), https://www.ohioattorneygeneral.gov/Files/Briefing-Room/News-Releases/Preterm-Supplemental-Brief.aspx.
Supplemental Brief of Defendants-Appellants, Preterm-Cleveland v. Yost, No. 2023-0004 (Ohio Dec. 7, 2023), https://www.ohioattorneygeneral.gov/Files/Briefing-Room/News-Releases/Preterm-Supplemental-Brief.aspx.
Susan Tebben & Nick Evans, Ohio voters pass Issue 1 constitutional amendment to protect abortion and reproductive rights, Ohio Capital Journal (Nov. 7, 2023), https://ohiocapitaljournal.com/2023/11/07/ohio-voters-pass-issue-1-constitutional-amendment-to-protect-abortion-and-reproductive-rights/.
Preterm-Cleveland v. Himes, 294 F. Supp. 3d 746 (S.D. Ohio 2018).
Preterm-Cleveland v. McCloud, 994 F.3d 512 (6th Cir. 2021).
The regulations mandated that abortion clinics maintain written transfer agreements with local public hospitals, while separately prohibiting public hospitals from entering such agreements. Capital Care Network of Toledo v. Ohio Dept. of Health, 153 Ohio St. 3d 362, 2018-Ohio-440, 106 N.E.3d 1209.
Capital Care Network of Toledo v. Ohio Dep't of Health, 2018-Ohio-440, 153 Ohio St. 3d 362, 106 N.E.3d 1209.
Memphis Ctr. for Reprod. Health v. Slatery, 14 F.4th 409 (6th Cir. 2021).
Ohio Democratic Party v. Husted, 834 F.3d 620 (6th Cir. 2016).
Husted v. Ohio State Conference of the NAACP, 135 S. Ct. 42 (2014); Michael Hendershot, Questionnaire for Judicial Nominees, United States Senate Committee on the Judiciary, p. 17 (April 2, 2026); Eric Murphy, Questionnaire for Judicial Nominees, United States Senate Committee on the Judiciary, p. 36 (Sept. 10, 2018); Eric Murphy, Attachment Package for the Questionnaire for Judicial Nominees, p. 959, United States Senate Committee on the Judiciary (Sept. 10, 2018).
Husted v. Ohio State Conference of the NAACP, 135 S. Ct. 42 (2014).
Id.; The litigation ultimately concluded in a 2015 settlement where Ohio permanently maintained the reduced early voting cutoff but agreed to restore specific, guaranteed evening and Sunday early voting hours for future elections, Settlement Agreement, Ohio State Conf. of the NAACP v. Husted, No. 2:14-CV-404 (S.D. Ohio Apr. 17, 2015), https://www.acluohio.org/app/uploads/2014/07/NAACPv.Husted-SettlementAgreement2015_0416.pdf.
League of Women Voters of Ohio v. Ohio Redistricting Comm’n, 2022-Ohio-1235, 168 Ohio St. 3d 374, 199 N.E. 3d 485.
Barrett v. State, 416 Supplemental Brief of Governor Mike DeWine, Secretary of State Frank LaRose, and Auditor Keith Faber, League of Women Voters of Ohio v. Ohio Redistricting Comm’n, No. 2021-1193 (Ohio Dec. 17, 2021), https://redistricting.lls.edu/wp-content/uploads/OH-LWVvORC-20211217-gov-supp.pdf.
Mont. 226 (Mont., 2024).
League of Women Voters v. Ohio Redistricting Comm'n, 2022-Ohio-1727, 168 Ohio St. 3d 522, 200 N.E.3d 197.
Ray v. McCloud, 507 F. Supp. 3d 925 (S.D. Ohio 2020).
Brief for Amici Curiae States of South Carolina et al. Supporting Plaintiff-Appellant and Reversal, Parents Defending Educ. v. Olentangy Local Sch. Dist. Bd. of Educ., No. 23-3630 (6th Cir. Oct. 2, 2023), https://defendinged.org/wp-content/uploads/2023/10/45_States-Amicus-Brief.pdf.
Michael Hendershot, Attachment Package for the Questionnaire for Judicial Nominees, p. 435, United States Senate Committee on the Judiciary (Apr. 2, 2026); Brief of Ohio and 15 other States as Amici Curiae Supporting Petitioners, Moody v. NetChoice, LLC, 603 U.S. 707 (2024).
Michael Hendershot, Attachment Package for the Questionnaire for Judicial Nominees, p. 511, United States Senate Committee on the Judiciary (Apr. 2, 2026).
Ohio Attorney General, Office of the Solicitor General, https://www.ohioattorneygeneral.gov/About-AG/Service-Divisions/Office-of-the-Solicitor-General#:~:text=The%20office's%20responsibilities%20include:%20*%20Preparing%20petitions%2C,Keller%20*%20Layne%20Tieszen%20*%20John%20Kerkhoff.
Obergefell v. Kasich, No. 1:13-cv-501, 2013 U.S. Dist. LEXIS 102077 (S.D. Ohio July 22, 2013); Obergefell v. Hodges, 576 U.S. 644 (2015).
DeBoer v. Snyder, 772 F.3d 388 (6th Cir. 2014).
Brief for Respondent, Obergefell v. Hodges, 576 U.S. 644 (2015) (No. 14-556), https://sblog.s3.amazonaws.com/wp-content/uploads/2015/03/14-556bs.pdf.
Moe v. Yost, 265 N.E.3d 158, 2025-Ohio-914 (Ohio Ct. App. 10th Dist. 2025).
Governor DeWine Vetoes House Bill 68, News Release (Dec. 29, 2023), https://governor.ohio.gov/media/news-and-media/governor-dewine-vetoes-house-bill-68.
Brief for Appellant, Moe v. Yost, No. 2025-0472 (Ohio Oct. 20, 2025), https://www.ohioattorneygeneral.gov/Files/Briefing-Room/News-Releases/2025-10-20-HB68-Appeal.aspx.
State of Tennessee v. Cardona, No. 2:24-CV-00072, 2025 WL 113317 (E.D. Ky. Jan. 9, 2025) (consolidated action where Ohio and five other states successfully sued to vacate the Department of Education's 2024 Title IX rule expanding protections to include sexual orientation and gender identity).
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