Filed Date: Oct. 9, 2008
Case Ongoing
Clearinghouse coding complete
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)
State / Territory: Oklahoma
Case Type(s):
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
District Attorney (Tulsa), County
Executive Director of the Oklahoma State Board of Medical Licensure and Supervision, State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Order Duration: 2009 - None
Content of Injunction:
Issues
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)
General:
Type of Facility: