Case: Nova Health Systems v. Edmondson

cv-2010-533 | Oklahoma state trial court

Filed Date: April 27, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 27, 2010, NOVA Health Systems (a reproductive healthcare clinic), a physician providing abortion care in Oklahoma, and the Oklahoma Coalition for Reproductive Justice filed a challenge against Oklahoma House Bill 2780. The law prohibited a woman from getting an abortion unless she was first given an ultrasound, shown the ultrasound image, and listened to her doctor describe the image in detail. Represented by the Center for Reproductive Rights (CRR), Plaintiffs filed this lawsuit on th…

On April 27, 2010, NOVA Health Systems (a reproductive healthcare clinic), a physician providing abortion care in Oklahoma, and the Oklahoma Coalition for Reproductive Justice filed a challenge against Oklahoma House Bill 2780. The law prohibited a woman from getting an abortion unless she was first given an ultrasound, shown the ultrasound image, and listened to her doctor describe the image in detail. Represented by the Center for Reproductive Rights (CRR), Plaintiffs filed this lawsuit on the same day that the Oklahoma Legislature voted to override Governor Brad Henry’s veto of the bill. Plaintiffs filed suit in the District Court for Oklahoma County (state trial court) against the Attorney General of Oklahoma, the District Attorneys for the counties of Tulsa, Cleveland, Garvin, and McClain, the Oklahoma State Board of Medical Licensure and Supervision, and the Oklahoma State Board of Osteopathic Examiners. Plaintiffs sought (1) declaratory judgment stating that H.B. 2780 violated the Oklahoma Constitution and thus was void and of no effect, (2) permanent injunctive relief prohibiting the state from enforcing H.B. 2780, and (3) attorney’s fees and costs. This case was assigned to Judge Noma D. Gurich and then reassigned to Judge Bryan Dixon.

The court issued a temporary restraining order for the plaintiffs on May 3, 2010, and then a temporary injunction on August 3, 2010, enjoining the defendants from enforcing H.B. 2780 as litigation continued.

On April 28, 2011, plaintiffs filed an amended complaint to include defendant-intervenor, American Victims of Abortion.

On March 28, 2012, the court granted plaintiffs' motion for summary judgment, declaring that H.B. 2780 was unconstitutional under Oklahoma Constitution Article V, Section 59 and Section 46. The court concluded that the Act granted a private right of action to only a limited class and that it was too specific to abortion because a general law concerning other medical care could have been implemented instead. The court issued a permanent injunction, prohibiting the state from enforcing H.B. 2780. 

Summary Authors

Kathleen Lok (1/15/2023)

Documents in the Clearinghouse

Document

cv-2010-533

Docket

Nova Health Systems v. Pruitt

May 13, 2021

May 13, 2021

Docket

cv-2010-533

Temporary Restraining Order and Scheduling Order

May 3, 2010

May 3, 2010

Order/Opinion

cv-2010-533

Order Granting Plaintiffs' Motion for a Temporary Injunction

Aug. 3, 2010

Aug. 3, 2010

Order/Opinion

cv-2010-533

Amended Petition

Nova Health Systems v. Pruitt

April 28, 2011

April 28, 2011

Complaint

cv-2010-533

Order Granting Summary Judgment Declaring Ultrasound Act as an Unconstitutional Special Law and Permanent Injunction Preventing the Enforcement of the Ultrasound Act

Nova Health Systems v. Pruitt

March 28, 2012

March 28, 2012

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: April 27, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Reproductive Services, as part of NOVA Health Systems, (a non-profit that provides reproductive health care services in Oklahoma), a physician providing abortion care in Oklahoma, and the Oklahoma Coalition for Reproductive Justice (a non-profit corporation advocating for reproductive justice).

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

Attorney General, State

District Attorney (Tulsa), County

District Attorney (Cleveland), County

District Attorney (Garvin), County

District Attorney (McClain), County

State Board of Medical Licensure and Supervision, State

State Board of Osteopathic Examiners, State

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2012 - None

Issues

Reproductive rights:

Abortion

Mandatory delay

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