Filed Date: Aug. 8, 2013
Closed Date: Jan. 28, 2014
Clearinghouse coding complete
This is a case about a law banning access to emergency contraception. On August 8, 2013, this action was filed in the Oklahoma District Court for Oklahoma County. Represented by the Center for Reproductive Rights, the plaintiffs were the Oklahoma Coalition for Reproductive Justice and an individual Oklahoma resident. They brought this case against the Oklahoma State Board of Pharmacy to challenge an Oklahoma law that restricted access to over-the-counter emergency contraception. The case was assigned to Judge Lisa Davis.
The lawsuit challenged the constitutionality of the recently enacted Oklahoma House Bill 2226. The bill, which primarily concerned insurance forms, included a provision requiring that people seeking to purchase Plan B One-Step from a pharmacist show ID if over the age of 17 and required a prescription for teens under 17. (Plan B emergency contraception was approved by the FDA for over-the-counter sale to all adults and teens of child-bearing potential on June 20, 2013.) The plaintiffs argued that it was a safe and effective drug when taken promptly.
The plaintiffs first argued that the bill violated Oklahoma State law because it addressed at least two distinct subjects without any common purpose. Article V, Section 57 of the Oklahoma Constitution required that legislation embody only one subject. Additionally, the plaintiffs argued that the law violated Article V, Section 59 of the Oklahoma Constitution because it singled out one over-the-counter contraceptive, Plan B One-Step, from the similarly situated class of over-the-counter drugs and contraceptives. The plaintiffs claimed that the people of Oklahoma would suffer irreparable harm if the law took effect and requested a temporary injunction to prevent enforcement.
On August 19, 2013, Judge Davis granted the plaintiffs’ motion for a temporary injunction. In a brief order, Judge Davis announced that, after reviewing the written materials submitted by both parties and hearing oral arguments, the motion for a temporary injunction was supported by good cause. The defendants were enjoined from enforcing House Bill 2226 until a decision on the merits of the case was reached.
On January 28, 2014, Judge Davis granted the plaintiffs’ motion for summary judgment, holding that there were no material facts in dispute and that House Bill 2226 violated the single-subject rule of Article V, Section 57 of the Oklahoma Constitution. Judge Davis declared the law unconstitutional and void. This case is closed.
Summary Authors
Claire Butler (12/30/2022)
Last updated Aug. 30, 2023, 1:30 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Oklahoma
Case Type(s):
Healthcare Access and Reproductive Issues
Key Dates
Filing Date: Aug. 8, 2013
Closing Date: Jan. 28, 2014
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The plaintiffs are the Oklahoma Coalition for Reproductive Justice and an individual Oklahoma resident. This action was filed on their behalf by the Center for Reproductive Rights.
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
State of Oklahoma (Oklahoma), State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Issues
General/Misc.:
Medical/Mental Health Care:
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)