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On May 31, 2023, in a suit brought by a number of abortion providers and advocates, the Oklahoma Supreme Court ruled that two laws restricting the right to abortion...
United StatesFood, Drugs, Healthcare, Life Sciences
On May 31, 2023, in a suit brought by a number of abortion
providers and advocates, the Oklahoma Supreme Court ruled that two
laws restricting the right to abortion and allowing individual
citizens to sue abortion providers were unconstitutional. Abortion
providers and advocates were seeking to enjoin Oklahoma S.B. 1503
and H.B. 4327 (passed in the 2022 legislative session).
According to the Court, S.B. 1503 bars an abortion after a
heartbeat is detected, except when there is a "medical
emergency" — a term the court majority said wasn't
even defined.
H.B. 4327 calls for a total abortion ban unless under certain
circumstances, like a medical emergency or the pregnancy was the
result of a rape that was reported to the police.
The Court had previously ruled in March (paragraph 9,__P.3d__) that the Oklahoma
constitution provided a woman an inherent right to terminate a
pregnancy when necessary to preserve life, and based upon such
earlier ruling, determined that this March ruling applied in the
instant case. Thus, the Oklahoma Supreme Court ruled both laws to be unconstitutional and
unenforceable, and there was no further need for an injunction.
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