Case: Nova Health Systems v. Henry

CJ-2008-9119 | Oklahoma state trial court

Filed Date: Oct. 9, 2008

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 9, 2008, NOVA Health Systems, a reproductive health clinic that offered abortions, challenged Oklahoma Senate Bill 1878 in the District Court of Oklahoma County. The law would impose numerous restrictions on the performance of an abortion, including a requirement that, before a woman may obtain an abortion, she must listen to her doctor describe an ultrasound image of her pregnancy. It also imposed limits on the administration of medication abortion and included informed consent requ…

On October 9, 2008, NOVA Health Systems, a reproductive health clinic that offered abortions, challenged Oklahoma Senate Bill 1878 in the District Court of Oklahoma County. The law would impose numerous restrictions on the performance of an abortion, including a requirement that, before a woman may obtain an abortion, she must listen to her doctor describe an ultrasound image of her pregnancy. It also imposed limits on the administration of medication abortion and included informed consent requirements. The law subjected abortion providers to criminal and civil liability and administrative penalties for failure to comply.

Represented by the Center for Reproductive Rights, Plaintiff argued that the law violated the single-subject rule and non-delegation doctrine of the Oklahoma Constitution, and impermissibly burdened the inherent and fundamental rights of Plaintiff’s patients. They also claimed that the law was void-for-vagueness and would burden the inherent and fundamental rights of Plaintiff’s patients, including the right to bodily integrity and privacy. Plaintiff sought (1) a declaratory judgment that Senate Bill 1878 violated the Oklahoma Constitution, (2) permanent injunctive relief restraining the State from enforcing the Act, and (3) attorney’s fees and costs. This case was assigned to Judge Vicki Robertson.

On October 29, 2008, the court granted a temporary restraining order to prevent the law from taking effect. On September 9, 2009, Judge Robertson declared that Senate Bill 1878 violated Article V, Section 57 of the Oklahoma Constitution by addressing too many disparate topics in violation of the “single-subject” requirement. The court also granted Plaintiff’s motion for partial summary judgment, denied the defendant’s motion for summary judgment, and issued a permanent injunction restraining the state from enforcing Senate Bill 1878. 

Defendants proceeded to file an appeal to the Supreme Court of the State of Oklahoma. On March 2, 2010, the decision of the trial court was affirmed, with the Supreme Court of Oklahoma reiterating that the Defendants were in violation of the “single-subject” requirement of the Oklahoma Constitution. 233 P.3d 380. As such, the permanent injunction issued by the trial court remained in place.

Summary Authors

Kathleen Lok (1/15/2023)

Documents in the Clearinghouse

Document

CJ-2008-9119

Docket

Jan. 11, 2015

Jan. 11, 2015

Docket

CJ-2008-9119

Petition

Oct. 9, 2008

Oct. 9, 2008

Complaint

CJ-2008-9119

Scheduling Order and Temporary Injunction

Oct. 29, 2008

Oct. 29, 2008

Order/Opinion

CJ-2008-9119

Order Granting Plaintiff's Motion for Partial Summary Judgment and Denying Defendants' Motion for Summary Judgment

Nova Health Systems v. Edmondson

Sept. 8, 2009

Sept. 8, 2009

Order/Opinion

107,592

Disposition by Order

Nova Health Systems v. Edmondson

Oklahoma state supreme court

March 1, 2010

March 1, 2010

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. 9, 2008

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Reproductive Services, as part of NOVA Health Systems, is 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

President of the Oklahoma State Board of Osteopathic Examiners, State

Governor, State

Attorney General, State

District Attorney (Tulsa), County

Commissioner of Health, State

Executive Director of the Oklahoma 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: 2009 - None

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Criminalization

Mandatory delay

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

Abortion

Type of Facility:

Non-government non-profit