'Is it still legal?' Leaked Roe V. Wade ruling brings confusion, fear for abortion patients

Editor's note: The patients interviewed for this article didn't want their names used because of privacy and safety concerns.

Dr. David Burkons placed a paper containing patient medical information into a shredder after wrapping up a surgical abortion consultation with a young patient at his clinic in Shaker Heights on Tuesday afternoon.

The weary-eyed abortion doctor was functioning on three hours of sleep after returning late to Ohio from a National Abortion Federation conference in Florida the night before, where abortion rights advocates, lawyers, abortion doctors and clinic staff had gathered to discuss the future of reproductive rights in an increasingly likely post-Roe America.

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Burkons’ phone began to ring at 7 a.m., as concerned family, friends and colleagues struggled to process the leaked Supreme Court draft opinion overruling the landmark abortion case, Roe v. Wade, that had rocked the country the night before.

Burkons read the opinion on his phone while at the Orlando airport.

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Burkons operates three abortion clinics in Ohio. In addition to his Shaker Heights facility, he runs a clinic in Toledo and Cuyahoga Falls.

On Tuesday morning, some patients called his Falls practice — one of six remaining clinics in the state of Ohio that offers surgical abortions — and asked, “Can I still come in? Is it still legal?”

Avi Gial, a clinic employee, said that the leaked opinion adds to existing uncertainty around abortion access in the state.

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“I think you’ll see how the situation is going to get even more confusing for people. I mean, people will probably cancel their appointment over it, or just not come,” she said.

The leaked ruling, though not surprising, was nevertheless met with frustration and disappointment by area abortion rights advocates, who quickly planned a protest that drew about 75 people Tuesday night to downtown Akron.

"I think that's the trouble. The way things work in politics is usually it takes a crisis to do something. And if suddenly this becomes a crisis, then things may mobilize," Burkons said.

"Nobody actually expected that Putin was going to invade Ukraine. But then when it happened, suddenly, everybody says, 'Hey, my God, we've got to do something about this,' whereas before, they figured 'I don't want to worry about it, because it's not going to happen.' Sometimes it takes that kind of stuff, to get people mobilized," he said.

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Burkons saw 14 patients at the Shaker facility on Tuesday. One of them, a 22-year-old Broadview Heights resident who was 11 weeks pregnant after her birth control failed, teared up in the consultation room.

“I think that if I didn’t have a choice, I would be devastated. ... I just thought that would be such a basic right,” she said, after scheduling her surgical abortion.

Another patient, a 19-year-old from Cleveland who works two jobs and is 9 weeks pregnant, said “I just feel nobody should have control over our bodies. I feel like it’s not right."

Though the majority of Americans favor a person's right to choose whether to have an abortion, many — including the patients interviewed by the Beacon Journal — have remained largely unaware of just how vulnerable access to abortion is in the country. A 2021 Morning Consult poll found that 61% of Americans said they did not think the Supreme Court would overturn Roe or they didn't know.

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Part of the confusion, abortion rights advocates say, stems from legislatures passing anti-abortion bills that never end up on the books, on top the general difficulties of keeping abreast of legislative attacks on reproductive rights as Americans are busy navigating and struggling to survive a global pandemic that has entered its third year.

One 28-year-old patient who scheduled a surgical abortion on Tuesday said she first saw the news on social media.

“When it happened, I was kind of, like, ‘Oh my god. I might not have this right again, this freedom, at some point.’ It’s definitely nerve-wracking for sure," she said.

'Elections have consequences'

For now, abortion is legal in Ohio up to the legal limit of 21 weeks and 6 days. But if the Supreme Court overrules Roe v. Wade, individual states will determine the future of reproductive rights within their borders. If this happens, a controversial "heartbeat bill" banning abortions in Ohio at six weeks that passed in 2019 would likely go into effect unless a legal challenge prevents it.

A trigger law banning abortion outright in the state is pending. House Bill 598, introduced by Rep. Jean Schmidt, R-Loveland, would prohibit doctors from carrying out medical and surgical abortions and charge any violators with a fourth-degree felony, which is punishable by prison time and a fine. The bill does not include any exceptions for incest or rape.

Senate Bill 123, introduced by Sens. Kristina Rogner, R-Hudson, and Sandra O’Brien, R-Ashtabula, similarly aims to ban abortion altogether.

“I really do think that on both sides, people relied on the courts. On our side, maybe we didn’t fight as hard as we should have fought. We figured the courts would always help us out,” Burkons said, reflecting on the draft opinion.

“It shows that elections have consequences,” the doctor said, remarking on the ongoing impact of the 2016 election and Donald Trump's appointment of three conservative Supreme Court Justices that would tip the scales in favor of the anti-abortion lobby.

The draft opinion, written by Justice Samuel Alito, spurred abortion rights demonstrations throughout American cities and calls for Congress to codify abortion rights and voters to turn out at the polls.

In Ohio, where judges hold elected positions, the November election results will determine who fills three Ohio Supreme Court seats, including chief justice.

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“Those races are going to be critically important, as well as governor and attorney general and the state legislature and Congress, and the U.S. Senate seat," said Kellie Copeland, executive director of Pro-Choice Ohio, which has endorsed Nan Whaley for Ohio Governor because of her commitment to reproductive justice and keeping abortion legal in the state.

“I imagine also there will be efforts on the federal level. Just because the Supreme Court makes a ruling doesn’t mean that there can’t be a law enacted or a constitutional amendment at the federal level, so I would expect that there will be a protracted battle to secure a human right to bodily autonomy in Ohio and across the country,” she said.

In the meantime, Copeland said that people may live in areas where abortion is not accessible to them, like Texas, which already bans abortions at six weeks.

"They’re going to be forced to carry pregnancies against their will, which is a human rights abuse that no one should be subjected to. Some of them will be able to access medication abortion and safely manage their own abortions at home, and others may be able to travel to the states where abortion may remain legal and accessible either with their own resources or with the assistance of abortion funds, which will need our communities’ support,” Copeland said.

The Columbus-based abortion fund Women Have Options and Cleveland-based Preterm Access Fund are raising money to assist people seeking abortion care, as is the Toledo-based Aggie Fund.

“There are going to be tough days. Things might get worse before they get better. And I know that, especially for people who've had abortions, this news is hitting really hard. And I just want them to know that they are loved and respected and they are surrounded by a community that will never stop fighting. … We will continue to fight for reproductive freedom, as long as it takes,” Copeland said.

Jessie Hill, a constitutional law professor at Case Western Reserve University, said that there may still be legal pathways to protect the right to abortion in Ohio if Roe falls.

She also encouraged Ohioians to “make their voices heard.”

“I think it's time for people to start using their voice, and to recognize that these these kinds of laws, these abortion restrictions, are not what Ohioans want,” Hill said.

Pro-choice demonstrators hold march in downtown Akron

In downtown Akron, about 75 pro-choice demonstrators weathered rain and tornado watches to take to the streets on Tuesday evening to rally for reproductive rights.

The "Bans Off Our Bodies Rally — Abortion Rights are Human Rights" was organized by Parinita Singh, Elizabeth Vild and Traci Person and included people of all ages.

"The hope for today is awareness," said Person, senior regional field manager for Black organizing at Planned Parenthood of Greater Ohio.

Person said Ohioans must fight to keep abortion legal in the state if Roe falls.

"We have to alert our legislators that we are aware that you have the power, and we're saying, 'you must vote this way,' so that Ohio remains legal in abortion access," Person said.

Several attendees delivered powerful testimonies on what the right to a safe and legal abortion means to them.

One 30-year-old Akron woman, who is not being identified because she is a sexual and domestic violence victim, said her 2018 abortion saved her from another suicide attempt.

“I thank God every day for my abortion, because had I not had it, I would not be here. I have given a child up for adoption, I have my children at home, and I am thankful that I had all three choices available to me,” she said.

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“I spent 10 years trapped with a man who beat me, who made sure that every time I got away, he would get me pregnant again. He used pregnancy as a weapon. ... I was trying to get out, I was trying to get my babies out, and if I had another one, I’d be stuck,” she said.

Twenty-year-old June Pearce, who is 38 weeks pregnant, also showed up to support abortion rights.

“My pregnancy was an accident. At first I didn’t know if I wanted to keep my pregnancy or not, but I chose to keep it, and now I’m about to have a beautiful son," she told the Beacon Journal.

“I’m glad I was able to have a choice,” she said, emphasizing that being "pro-choice" does not mean being "anti-life."

Phyl and Shane Divine, a married couple from Stow, were among the handful of men who showed up to the rally. Phyl, who has two daughters, said he is terrified for their futures in a post-Roe world. The couple said that the Supreme Court overturning Roe sets a dangerous precedent for all civil and human rights, including same-sex marriage.

'I want to see my sisters be able to have the same rights that I had'

Cuyahoga Falls resident and retired driver Jane Minner, 68, was 20 when Roe v. Wade passed in 1973. She spoke of a friend who had to endure a back-street abortion before it was a constitutional right. It was a situation that Minner said she "wouldn't wish upon anybody."

"I cried. I'm very upset," she said. "I thought in 1973, we had come out of the dark ages. ... Roe v. Wade makes it so that it's safe. We don't have to hide. I want to keep it that way. I want to see my sisters be able to have the same rights that I had at 20 years of age.

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"It's not just the white males," she said, describing the lawmakers who are pushing for abortion bans and restrictions.

"There are women legislators doing the same thing," Minner said. "And I can't believe that my sisters are behind this."

Seyma Bayram is a corps member with Report for America, a national service program that places journalists into local newsrooms. Learn more at reportforamerica.org. Contact her at sbayram@thebeaconjournal.com or 330-996-3327 or on Twitter @SeymaBayram0.

This article originally appeared on Akron Beacon Journal: Leaked Roe V. Wade ruling dismays Ohio abortion rights supporters