Abortion still legal in Ohio – for now – as country waits for U.S. Supreme Court decision

Abortion is legal in Ohio, for now, but what happens if the U.S. Supreme Court strikes down Roe v. Wade later this year?

Politco reported Monday that it obtained a leaked draft of a majority opinion written by Justice Samuel Alito that said “We hold that Roe and Casey must be overruled.”

It is highly unusual for opinions to be leaked to the public before final approval. Justices can change their positions up until the final version is released.

Pending before the court is a challenge to a Mississippi abortion law that bans most abortions after 15 weeks gestation. A decision is expected in June.

Overturning Roe v. Wade, which has been in place since 1973, could send decisions about when and where abortion is permitted back to the states.

What would Ohio abortion laws look like?

In Ohio, abortion rights would likely be eliminated if Roe were overturned.

The GOP currently holds supermajorities in the Ohio House and Senate. Gov. Mike DeWine has signed bills to ban abortion as early as six weeks gestation, to require aborted fetuses be buried or cremated, to prevent medication abortions via telemedicine and to add rules that could shutter two Southwest Ohio abortion clinics.

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Currently pending in the Ohio General Assembly are "trigger" bills, which would ban abortions when Roe is overturned. The bill would ban doctors from performing medication or surgical abortions, creating a fourth-degree felony for violators. There is no exception for rape or incest.

Also, Ohio abortion laws that are currently facing court challenges would likely take effect, including the heartbeat abortion ban which would outlaw terminating pregnancies once a fetal heartbeat can be detected.

What are people saying about the leaked opinion?

Ohio Right to Life President Mike Gonidakis said he is cautiously optimistic that the court will overturn Roe.

"It is hard to articulate though just how momentous this could be. For nearly 50 years our country has allowed over 62 million children to be killed by abortion. Now is our time to stop this. It is time to rebuild the culture of life. It is time for Roe to go," he said in a written statement.

He urged lawmakers to pass the trigger bills.

Planned Parenthood of Greater Ohio CEO and President Iris Harvey said 80% of Americans don't want Roe overturned and Alito's leaked opinion is out of line with Americans. "Abortion is still legal in Ohio and our doors will stay open."

Within hours of the leaked opinion, abortion rights activists called on Ohioans to get involved.

Lauren Blauvelt-Copelin, vice president of government affairs and public advocacy at Planned Parenthood Advocates of Ohio, said in a statement: "While the leaked decision is a draft, we know the outcome will be the end of legal abortion in most of America including here in Ohio. Do not wait. Get involved. Together, we will get through this, and we will fight back stronger than before."

Kellie Copeland of Pro-Choice Ohio urged Ohioans to vote in today's primary. “Now is the time for champions, not just allies. That is why I am asking Democrats to vote for Nan Whaley for governor. She has been in the fight with us for years against Mike DeWine’s crusade to close abortion clinics in our state, and we need her as Ohio’s next governor.”

Laura Bischoff is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

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This article originally appeared on The Columbus Dispatch: Abortions in Ohio may be illegal if U.S. Supreme Court overturns Roe