COLUMBUS — Toledo’s last abortion clinic has officially asked Ohio Supreme Court Justice Sharon Kennedy not to participate in consideration of the state’s case seeking to shut the clinic’s doors.

“The facts in the attached affidavit indicate that many individuals and groups in Ohio have reasonably questioned Justice Kennedy’s impartiality regarding this case involving the license to operate a facility that provides abortions,” wrote Cincinnati attorney Jennifer Branch, attorney for the Capital Care Network, in the request filed Thursday.

“It is important to note that while Justice Kennedy may be perfectly able to decide this abortion case impartially and free from bias, recusal is still required given that the bar is set low: when a judge’s impartiality might be reasonably questioned,” she wrote.

Two ethics complaints by outside individuals and groups had previously been filed with an arm of the high court accusing Justice Kennedy, a Butler County Republican, of a conflict of interest in the case.

The justice, endorsed by anti-abortion rights organizations, spoke at the Greater Toledo Right to Life’s annual breakfast legislative briefing fund-raiser in March shortly after the court agreed to hear the state’s appeal in the Capital Care case.

An appointed panel dismissed both grievances, saying good cause did not exist for the cases to move forward. This marks the first time, however, that a party in the case has officially asked the justice to recuse herself.

In her affidavit, Ms. Branch noted that Greater Toledo Right to Life had advertised Justice Kennedy’s speech, and tickets to the event sold out. Another Toledo anti-abortion-rights group, Foundation for Life, used the event to raise money, and both organizations continue to highlight the justice’s participation on their websites that seek donations.

The state is seeking to enforce its order that Capital Care shut down on the grounds that it lacks a written agreement with a local hospital to transfer a patient in case of medical emergency. Such an agreement is mandated under state law.

Capital Care ultimately found a hospital willing to enter into such an agreement with the University of Michigan Health System, but the state determined that a hospital more than 50 miles away does not qualify as “local.”

The court is to hear arguments in the case Sept. 12.

Justice Kennedy has remained silent on the issue, but she will have to respond in writing to Ms. Branch’s request. It remains up to the justice whether to recuse herself. Her fellow justices would not play a role.

Sandy Theis is executive director of the liberal ProgressOhio, which led a coalition that filed one of the outside grievances that had been dismissed.

“Dozens of doctors, patients, and consumer groups believe that Justice Kennedy crossed the line when she headlined a Right-to-Life fund-raiser, knowing the court could close Toledo’s last clinic,” she said. “For the sake of the court’s integrity, she should step down from the Toledo case.’’

Contact Jim Provance at jprovance@theblade.com or 614-221-0496.

First Published August 18, 2017, 9:28 p.m.