Oklahoma Supreme Court Rules Two State Anti-Abortion Laws Unconstitutional
A Dobbs Decision Alert | Alerts
June 5, 2023
On May 31, 2023, in a suit brought by a number of abortion providers and advocates, the Oklahoma Supreme Court ruled that two laws restricting the right to abortion and allowing individual citizens to sue abortion providers were unconstitutional. Abortion providers and advocates were seeking to enjoin Oklahoma S.B. 1503 and H.B. 4327 (passed in the 2022 legislative session).
According to the Court, S.B. 1503 bars an abortion after a heartbeat is detected, except when there is a "medical emergency" — a term the court majority said wasn't even defined.
H.B. 4327 calls for a total abortion ban unless under certain circumstances, like a medical emergency or the pregnancy was the result of a rape that was reported to the police.
The Court had previously ruled in March (paragraph 9,__P.3d__) that the Oklahoma constitution provided a woman an inherent right to terminate a pregnancy when necessary to preserve life, and based upon such earlier ruling, determined that this March ruling applied in the instant case. Thus, the Oklahoma Supreme Court ruled both laws to be unconstitutional and unenforceable, and there was no further need for an injunction.
As new developments arise, we will continue to update our Dobbs Decision Resource Center. In the meantime, please contact one of the lawyers in Shipman’s Health Law practice group if you have questions about this ever-changing legal landscape.