Filed Date: July 1, 2022
Case Ongoing
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On July 1, 2022, abortion providers filed this case directly with the Supreme Court of Oklahoma as a challenge two abortion bans. This case was officially brought by Oklahoma Call for Reproductive Justice, Tulsa Women’s Reproductive Clinic, an M.D., Comprehensive Health of Planned Parenthood Great Plains, and Planned Parenthood of Arkansas & Eastern Oklahoma against the State of Oklahoma. The Plaintiffs asked the Court to assume original jurisdiction and declare Okla. Stat. tit. 21, § 861 (the 1910 Ban) and S.B. 612 (the 2022 Ban) unconstitutional under the Oklahoma Constitution. Plaintiffs also asked the Court to permanently bar the State of Oklahoma (the State) from enforcing the 1910 and 2022 bans.
The 1910 Ban is a criminal ban on abortion with a limited exception to “preserve” a person’s “life.” The 1910 Ban was deemed unconstitutional in 1973, shortly after the United States Supreme Court decided Roe v. Wade. Since then, the 1910 Ban had not been enforced in Oklahoma. Upon the Supreme Court's decision to overturn Roe v. Wade in Jackson Women's Health Organization v. Dobbs, the Oklahoma Attorney General reinstated the pre-Roe ban.
In 2021, the State enacted a trigger law with the intention of permitting the revival of the 1910 Ban upon the overturning of Roe and also passed the 2022 Ban, which took effect on August 27, 2022. The 2022 Ban makes providing any abortion a felony but contains different penalties and different exceptions from the 1910 Ban. The 2022 Ban enables physicians who provide abortions to face up to ten years in prison and/or a fine of up to $100,000.
The Oklahoma legislature enacted other laws seeking to prohibit and/or restrict abortions entirely in Oklahoma and these laws are also being challenged before the Supreme Court of Oklahoma in Oklahoma Call for Reproductive Justice v. O’Connor, No. 120376.
In their complaint, Petitioners also called for temporary injunctive relief, claiming it was warranted because Petitioners, and those whose interests Petitioners represent, would suffer irreparable injury if the 1910 Ban and 2022 Ban remained in effect. On September 12, 2022, the Court denied Petitioners’ Emergency Motion for an Immediate Temporary Restraining Order and/or Temporary Injunction, and did not provide any rationale or reasoning.
On November 1, 2022 the case was officially assigned to the Supreme Court for the State of Oklahoma. The case is ongoing.
Summary Authors
Nina Leeds (11/19/2022)
Last updated March 29, 2023, 8:25 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Oklahoma
Case Type(s):
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Key Dates
Filing Date: July 1, 2022
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Oklahoma Call for Reproductive Justice, Tulsa Women’s Reproductive Clinic, an M.D., Comprehensive Health of Planned Parenthood Great Plains, and Planned Parenthood of Arkansas and Eastern Oklahoma
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
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Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Content of Injunction:
Issues
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)
General: