Case: Oklahoma Coalition for Reproductive Justice v. Cline

CV-2011-1722 | Oklahoma state trial court

Filed Date: Oct. 5, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 5, 2011, the Oklahoma Coalition for Reproductive Justice (a non-profit dedicated to promoting reproductive justice) and NOVA Health Systems (a clinic providing reproductive healthcare services), represented by the Center for Reproductive Rights (CRR) filed this lawsuit. Plaintiffs named as defendants the Oklahoma Commissioners of Health, the Oklahoma State Board of Medical Licensure and Supervision, and the Oklahoma State Board of Osteopathic Examiners. The lawsuit challenged Oklahom…

On October 5, 2011, the Oklahoma Coalition for Reproductive Justice (a non-profit dedicated to promoting reproductive justice) and NOVA Health Systems (a clinic providing reproductive healthcare services), represented by the Center for Reproductive Rights (CRR) filed this lawsuit. Plaintiffs named as defendants the Oklahoma Commissioners of Health, the Oklahoma State Board of Medical Licensure and Supervision, and the Oklahoma State Board of Osteopathic Examiners.

The lawsuit challenged Oklahoma House Bill 1970, which would restrict the use of FDA-approved medications to terminate a pregnancy. The lawsuit, filed in the District Court of Oklahoma County (a state trial court), argued that the Act violated Oklahoma’s constitutional provisions against special laws and delegation of legislative authority. CRR also argued that the law would violate their rights, and the rights of those they represent, to equal protection, bodily integrity, and freedom of speech as secured by the Oklahoma Constitution. Plaintiffs sought (1) a declaratory judgment stating that H.B. 1970 violated the Oklahoma Constitution and was void and of no effect, (2) permanent injunctive relief prohibiting the state from enforcing H.B. 1970, and (3) attorney’s fees and costs. This case was assigned to Judge Daniel L. Owens and later reassigned to Judge Donald L. Worthington.

On December 5, 2011, the court granted Plaintiffs a temporary injunction, prohibiting the state from enforcing H.B. 1970 as litigation continued. 292 P.3d 27. Later, on May 11, 2012, the court granted summary judgment in favor of the Plaintiffs and issued a permanent injunction. The court reasoned that H.B. 1970 violated fundamental rights of privacy and bodily integrity as guaranteed by the Oklahoma Constitution, and that the restriction of abortion-inducing medicine served no purpose other than to prevent pregnant individuals from obtaining abortions and to punish and discriminate against those who do.

In response, Defendants filed an appeal to the Supreme Court of the State of Oklahoma on June 12, 2012. On October 29, the Supreme Court answered that the "FDA has stated that evidence-based regimens are common, permissible, and can be required by good medical practice” and that the restriction of the use of drug RU-486 for medication abortions was “so completely at odds with the standard that governs the practice of medicine that they only serve to prevent women from obtaining abortions and to punish and discriminate against those who do.” Following this, on December 4, 2012, the Oklahoma Supreme Court affirmed the decision of the trial court, reiterating that H.B. 1970 was facially unconstitutional pursuant to Planned Parenthood v Casey. 292 P.3d 27.

Defendants then filed a petition for a writ of certiorari to the Supreme Court of the United States on March 4, 2013, which was granted on June 27, 2013. 133 S.Ct. 2887. However, on November 4, 2013, the Supreme Court dismissed the writ of certiorari as improvidently granted, indicating that the Court should not have accepted the case. 134 S.Ct. 550. Consequently, the permanent injunction of H.B. 1970 remained in effect.

Summary Authors

Kathleen Lok (1/16/2023)

Documents in the Clearinghouse

Document

12-01094

Docket

Cline v. Oklahoma Coalition for Reproductive Justice

Supreme Court of the United States

Dec. 6, 2013

Dec. 6, 2013

Docket

CV-2011-1722

Docket

Sept. 5, 2021

Sept. 5, 2021

Docket

CV-2011-1722

Petition

Oct. 5, 2011

Oct. 5, 2011

Complaint

CV-2011-1722

Order Granting Temporary Injunction

Dec. 5, 2011

Dec. 5, 2011

Order/Opinion

CV-2011-1722

Order

May 11, 2012

May 11, 2012

Order/Opinion

2012 OK 102

Memorandum Opinion

Oklahoma state supreme court

Dec. 4, 2012

Dec. 4, 2012

Order/Opinion

12-01094

Petition for a Writ of Certiorari

Cline v. Oklahoma Coalition for Reproductive Justice

Supreme Court of the United States

March 4, 2013

March 4, 2013

Pleading / Motion / Brief

12-01094

Memorandum Decisions

Cline v. Oklahoma Coalition for Reproductive Justice

Supreme Court of the United States

June 27, 2013

June 27, 2013

Order/Opinion

2013 OK 93

Certified Questions of Law from the Supreme Court of the United States

Oklahoma state supreme court

Oct. 29, 2013

Oct. 29, 2013

Order/Opinion

12-01094

Supreme Court Reporter

Cline v. Oklahoma Coalition for Reproductive Justice

Supreme Court of the United States

Nov. 4, 2013

Nov. 4, 2013

Order/Opinion

Resources

Docket

Last updated Aug. 30, 2023, 1:29 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Oklahoma

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Oct. 5, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs include the Oklahoma Coalition for Reproductive Justice (a non-profit dedicated to promoting reproductive justice) and Reproductive Services, a part of NOVA Health Systems (a non-profit that provides reproductive health care services in Oklahoma).

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Center for Reproductive Rights

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Health, State

State Board of Osteopathic Examiners, State

State Board of Medical Licensure and Supervision, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2012 - None

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Medication abortion

Undue Burden

Reproductive health care (including birth control, abortion, and others)

Abortion

Type of Facility:

Non-government non-profit