Filed Date: April 28, 2022
Closed Date: June 23, 2023
Clearinghouse coding complete
On April 28, 2022, the Oklahoma Call for Reproductive Justice, Tulsa Women’s Reproductive Clinic, Comprehensive Health of Planned Parenthood Great Plains, Planned Parenthood of Arkansas & Eastern Oklahoma, and a physician filed this lawsuit directly with the Oklahoma Supreme Court under original jurisdiction, challenging S.B. 1503, and later on May 26, 2022, H.B 4327 as well. S.B. 1503 would implement a 6-week ban on abortion enforced through private civil lawsuits and H.B. 4327 would be a total ban on abortion enforced through private civil lawsuits. Represented by the Center for Reproductive Rights, Planned Parenthood Federation of America, and private counsel, Petitioners filed this suit against the county clerks of every Oklahoma county to prevent them from docketing any S.B. 1503 lawsuits. Plaintiffs sought (1) declaratory relief stating that the laws are unconstitutional under the Oklahoma Constitution and (2) temporary and permanent injunctive relief and/or a writ of prohibition preventing state court clerks from filing the lawsuits.
On May 3, 2022, Governor Kevin Stitt signed S.B. 1503 into law and the Oklahoma Supreme Court denied Petitioners’ emergency motion for a temporary restraining order. The court’s reasoning was not recorded on the order. Petitioners then filed a motion for reconsideration of the decision on May 6, 2022, which was denied by the court on May 11, 2022.
On May 25, 2022, Governor Stitt signed H.B. 4327 into law, which would ban abortion entirely. On May 26, 2022, Petitioners filed a motion to supplement the petition and the application of original jurisdiction to include H.B. 4327, reasoning that it was similar enough to S.B. 1503 to be included in the same lawsuit. That petition also included a new request for a temporary restraining order, which the court denied without explanation on June 27, 2022. Some of the county clerk defendants filed a motion to dismiss on June 1, 2022.
While the motion to dismiss remained pending, in March 2023, the Oklahoma Supreme Court considered the constitutionality of two separate state statutes in Oklahoma Call for Reproductive Justice v. Drummond. Finding that the state constitution created an “inherent right of a pregnant woman to terminate a pregnancy when necessary to preserve her life,” the Court held that one Oklahoma statute that criminalized performance of certain abortions was unconstitutional and thus unenforceable. 526 P.3d 1123.
Following its decision in Drummond, on May 31, 2023, the Oklahoma Supreme Court held that both S.B. 1503 and H.B. 4327 were unconstitutional under the Oklahoma Constitution and granted Plaintiffs declaratory relief. 531 P.3d 117. The Court noted that S.B. 1503 provided “even more extreme language” than that used in the statute the Court found unconstitutional in Drummond. Meanwhile, H.B. 4327 used “identical language” as that in the statute struck down in Drummond and could not be salvaged via its severability clause because removing the prohibition on abortion would leave the rest of the bill with no meaning and nothing to civilly enforce. Having found both statutes unconstitutional and therefore unenforceable, the Court thus found it unnecessary to address Plaintiffs’ request for injunctive relief and/or a writ of prohibition and denied that request. This case is closed.
Summary Authors
Kathleen Lok (2/9/2023)
Brillian Bao (11/17/2023)
Alexander, Donna (Oklahoma)
Allen, Lori (Oklahoma)
Bailey, Jan (Oklahoma)
Barger, Patti (Oklahoma)
Berry, Kimberly (Oklahoma)
Combs, Douglas L. (Oklahoma)
Kane, M. John (Oklahoma)
Rowe, Dustin P. (Oklahoma)
Winchester, James R. (Oklahoma)
Last updated Aug. 30, 2023, 2:31 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Oklahoma
Case Type(s):
Key Dates
Filing Date: April 28, 2022
Closing Date: June 23, 2023
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The Oklahoma Call for Reproductive Justice, Tulsa Women’s Reproductive Clinic, Comprehensive Health of Planned Parenthood Great Plains, Planned Parenthood of Arkansas & Eastern Oklahoma (all non-profit organizations providing abortion care in Oklahoma), and the owner-physician of Tulsa Women's Reproductive Clinic.
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Center for Reproductive Rights
Planned Parenthood Federation of America
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Special Case Type(s):
Appellate Court is initial court
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Issues
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)
Type of Facility: