Oklahoma Supreme Court overturns two abortion bans

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The Oklahoma Supreme Court struck down two state laws banning abortion on Wednesday morning.

The court overturned by a 6-3 decision both HB 4327 and SB 1503, each of which banned abortion except for a “medical emergency” threatening the life of the mother.

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Wednesday’s case upheld a precedent set in a related case in March, finding that no aspect of either HB 4327 or SB 1503 could be salvaged without the court entirely rewriting the statute. The precedent was set in the March case Oklahoma Call for Reproductive Justice v. Drummond, when the court, in a 5-4 decision, held “that the Oklahoma Constitution creates an inherent right of a pregnant woman to terminate her pregnancy when necessary to preserve her life.”

March’s ruling also found that the “absolute certainty” of a condition endangering a mother’s life “is not required, however, mere possibility or speculation is insufficient” justification for obtaining an abortion.

Justice Richard Darby, who voted with the minority in March’s ruling, upheld the decision of the majority based upon stare decisis.

Oklahoma Attorney General Gentner Drummond responded to the ruling by clarifying that the 1910 statute that criminalizes performing an abortion with the exception of saving the mother’s life remains in effect.

State Speaker of the House Charles McCall said he was “disappointed” in the state Supreme Court’s verdict because both pieces of legislation were supported by supermajorities in both chambers of the legislature.

“Thanks to the leadership of House and Senate Republicans,” said McCall, “Oklahoma is one of the most pro-life states in the nation. Today’s ruling won’t change that, and we will continue to be a voice for the voiceless as we strive to protect the right to life in the State of Oklahoma.”

Both of the laws overturned were passed in 2022 and signed into law by first-term Gov. Kevin Stitt (R-OK) last May, making Oklahoma the state with the most restive abortion laws in the United States. The laws were enforced by civil rather than criminal codes, allowing private citizens to sue abortion providers in the state.

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Planned Parenthood said that the current ruling is only insufficient progress.

“Today’s ruling clarifies emergency situations, but most Oklahomans still don’t have access to care. We’re relieved the court has upheld abortion rights in emergencies, but our fight for access continues,” the group said in a tweet.

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