Filed Date: April 28, 2022
Case Ongoing
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 country clerks of each and every Oklahoma county in order 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. That motion seems to still be pending, and the docket has been quiet since July 2022. Presumably, the case is still ongoing.
Summary Authors
Kathleen Lok (2/9/2023)
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
Case Ongoing: Yes
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: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)
General:
Type of Facility: