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Oklahoma abortion case overview:
- Who: The Oklahoma Supreme Court ruled 5-4 that the state’s constitution protects a woman’s right to an abortion if the pregnancy could be life-threatening.
- Why: The majority took issue with a pair of criminal statutes that stipulated a doctor could only perform a life-saving abortion in the event of a “medical emergency.”
- Where: The case was heard in the Supreme Court of the State of Oklahoma.
The Oklahoma Supreme Court ruled in a 5-4 decision that its state constitution protects an individual’s right to an abortion in the event the pregnancy poses a threat to the life of the woman.
The decision struck down part of a criminal law in Oklahoma that makes performing an abortion outside of a non-life-threatening medical situation punishable by as many as ten years in prison, Law360 reports.
The Oklahoma Supreme Court, meanwhile, ruled the state’s constitution protects a “limited right” to abortion and that it has always allowed abortion in the event it is necessary to save a life.
The case ultimately ended up in front of the Oklahoma Supreme Court after a group of petitioners, including health care providers and the reproductive advocacy group Oklahoma Call for Reproductive Justice, filed a lawsuit against the state.
The petitioners filed the lawsuit as an attempt to block the enforcement of a pair of criminal statutes that made it a felony to perform an abortion in the state, with the group arguing the statutes violated the Oklahoma Constitution, Law360 reports.
Petitioners argue Oklahoma Constitution protects a women’s independent right to end a pregnancy
The Oklahoma Constitution, the petitioners argued, granted women an independent right to end a pregnancy and that the criminal statutes restricted a woman’s rights over the control of her body and reproduction decisions.
The majority, in siding with the petitioners, ruled that a medical emergency stipulation in the criminal statutes prohibited a doctor from performing a life-saving abortion unless there was a “medical emergency.”
“We know of no other law that requires one to wait until there is an actual medical emergency in order to receive treatment when the harmful condition is known or probable to occur in the future,” the majority wrote in an opinion.
Earlier this month, a federal judge in Texas reversed his decision to delay docketing a hearing for a lawsuit filed against the U.S. Food and Drug Administration by anti-abortion activists wanting the agency to rescind its approval for abortion drugs.
Have you been denied an abortion during a life-threatening pregnancy? Let us know in the comments.
The Oklahoma abortion case is Oklahoma Call for Reproductive Justice, et al. v. Gentner Drummond, et al., Case No.120,543, in the Supreme Court of the State of Oklahoma.
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