OHIO — On Monday, a leak of a Supreme Court draft opinion obtained by Politico signaled the highest court in the land could overturn the landmark abortion rights case Roe v. Wade.
Ohio lawmakers mostly are split on party lines, voicing either their support or disdain for the draft opinion.
While draft opinions are not final decisions, conservative justices are backing Justice Samuel Alito, who authored the draft.
The document, titled “1st Draft,” circulated Feb. 10. It represents a potential decision in Dobbs v. Jackson Women’s Health Organization, a suit related to Mississippi’s 15-week abortion ban. Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett all supported it.
“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion. Roe and Casey arrogated that authority,” Alito wrote in the draft opinion, referring also to Planned Parenthood v. Casey, a 1992 decision also regarding abortion. “We now overrule those decisions and return that authority to the people and their elected representatives.”
Currently, five states — Alabama, Arizona, Michigan, West Virginia and Wisconsin — have abortion bans but officials can’t enforce them due to Roe still being in effect.
Should Roe be overturned, abortion would immediately be effectively outlawed in 13 states with so-called “trigger laws”: Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah and Wyoming.
A handful of Ohio lawmakers are condemning the possibility, calling it “catastrophic.”
“Overturning Roe v. Wade would be absolutely wrong, not to mention catastrophic for Ohio, where Republicans have passed one extreme and dangerous proposal after another to ban abortion — without exceptions even for rape, incest or medical emergencies — before most people even know they’re pregnant. We cannot sit back and allow the Supreme Court to gut Ohioans’ most fundamental rights,” wrote Rep. Tim Ryan (D) in a statement.
Candidates for Ohio governor, former Dayton mayor Nan Whaley and former Cincinnati mayor John Cranley, would be an “attack” on women.
“If reports are true that the Supreme Court is poised to overturn Roe v. Wade, this marks an outrageous attack on the dignity and freedom of all women,” Cranley wrote. “The draft opinion would let states decide whether or not to allow abortion, and Ohio Republicans have made it clear they want a total abortion ban.”
Whaley said she believes it’s more important than ever to have pro-choice lawmakers representing Ohio.
“It has never been more important to elect a genuinely pro-choice candidate to be Ohio’s next governor,” Whaley wrote. “If you care about reproductive rights, we need your vote (Tuesday) — full stop.”
On the other hand, some Ohio lawmakers voiced support for the it, like Rep. Warren Davidson, R-Ohio.
“Let’s pray the final decision is at least as strong and unequivocal as the leaked draft,” Davidson wrote on Twitter.
Jim Renacci (R), who’s running for Ohio governor, wrote Roe v. Wade was a “stain” on the nation.
“Roe v. Wade was a tragic mistake and a stain on American history,” Renacci wrote in a statement. “The Supreme Court’s reported decision to overturn ‘right’ to abortion will save thousands of innocent lives. Mike DeWine appointed pro-abortion health director, we can’t count on him to defend life. You can count on me.”
Spectrum News reporter David Mendez contributed to this report.
