Filed Date: Nov. 8, 2019
Closed Date: Feb. 23, 2021
Clearinghouse coding complete
On November 8, 2019, South Wind Women's Center and Trust Women Oklahoma City (two reproductive healthcare facilities), the medical director of the Trust Women clinics, and a nurse practitioner of Trust Women filed this lawsuit. Represented by the Center for Reproductive Rights, the plaintiffs challenged two Oklahoma statutes, 63 O.S. § 1-729.1 (“Physician-In Person Law”) and 63 O.S. § 1-731(A) (”Physician-Only Law”). The Physician-In Person Law prohibited the administration of medication abortion via telemedicine and the Physician-Only Law prohibited licensed advanced practice registered nurses from administering medication or surgical abortions. Violation of either statute would be punishable as a felony.
The lawsuit named as defendants the Attorney General of Oklahoma, the District Attorney of Oklahoma County, the Oklahoma State Board of Medical Licensure and Supervision, the Oklahoma State Board of Osteopathic Examiners, the Oklahoma Board of Nursing, and the Oklahoma Commissioners of Health. The plaintiffs argued that the challenged laws were unconstitutional because they were “special laws” under Article V, Section 59 of the Oklahoma Constitution, and because they violated the Oklahoma Constitution's guarantee of due process. The "special law" claim pertains to the Oklahoma Constitution's prohibition on special laws when a more general law can be made uniformly applicable. Special laws single out less than an entire class of similarly affected persons or things for different treatment. The plaintiffs sought (1) a declaratory judgment stating that both laws were unconstitutional and (2) preliminary and permanent injunctions prohibiting the state from enforcing either law. This case was assigned to Judge Natalie Mai.
On the day the petition was filed, the plaintiffs also filed a motion for a temporary injunction. On February 7, 2020, Judge Mai denied this motion. Almost a year later on February 23, 2021, the plaintiffs filed a notice of voluntary dismissal attributed to the COVID-19 pandemic and other unlisted unforeseen circumstances. The case remains voluntarily dismissed without prejudice.
Summary Authors
Kathleen Lok (1/20/2023)
Mai, Natalie (Oklahoma)
Patton, J Blake (Oklahoma)
Ferguson, Andy Nash (Oklahoma)
Lawson, Denise (Oklahoma)
Mansinghani, Mithun S (Oklahoma)
Mai, Natalie (Oklahoma)
Last updated Aug. 30, 2023, 1:29 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Oklahoma
Case Type(s):
Key Dates
Filing Date: Nov. 8, 2019
Closing Date: Feb. 23, 2021
Case Ongoing: No
Plaintiffs
Plaintiff Description:
South Wind Women's Center and Trust Women Oklahoma City (two reproductive healthcare facilities), the medical director of the Trust Women clinics, and a nurse practitioner of Trust Women
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
District Attorney (Oklahoma), County
State Board of Osteopathic Examiners, State
State Board of Medical Licensure and Supervision, State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Form of Settlement:
Content of Injunction:
Issues
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)