On Wednesday, the Oklahoma Supreme Court ruled 6-3 to invalidate two pro-life legislation.
According to the Oklahoma Constitution, Senate Bill 1503 and House Bill 4327 are unconstitutional, according to Oklahoma’s highest court. Both pieces of legislation, which were approved by the Oklahoma legislature in 2022, stipulated that a medical emergency had to exist before a doctor could perform an abortion.
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“We read this section of law to require a woman to be in actual and present danger in order for her to obtain a medically necessary abortion,” the majority opinion reads.
“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 opinion added.
Two months earlier, the court had declared that a woman has “an inherent right to terminate a pregnancy when necessary to save her life.”
Now, the choice has been made. According to this interpretation, an abortion can be carried out if a doctor believes that the woman’s life would be in risk if she carried the pregnancy due to a pre-existing ailment or if one is likely to develop in the future.
Wednesday’s ruling applies the March precedent by striking down the “medical emergency” requirement, holding that this requirement “endanger[s] the life of the pregnant woman and does not serve a compelling state interest.”
A Republican governor nominated five justices, while a Democratic governor selected four. The Oklahoma Supreme Court was described as being under “Republican control” by Ballotpedia in a research published in 2020 on the partisanship of state supreme courts.
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The statutes that were overturned also used civil litigation rather than criminal prosecutions to enforce the restrictions, allowing private persons to bring legal action against anyone who performs or facilitates another person’s access to an abortion.
I again wholeheartedly disagree with the Oklahoma Supreme Court’s use of activism to create a right to an abortion in Oklahoma, said Governor Kevin Stitt (R-OK), in response to the ruling.
In his dissent, Oklahoma Vice-Chief Justice Dustin Rowe stated that “[t]he issues presented in this matter are political questions, which are better resolved by the people via our democratic process.” Governor Stitt shared this sentiment.
A 1910 law that went into force after the U.S. Supreme Court overturned Roe v. Wade in its historic Dobbs v. Jackson Women’s Health Organization decision still prohibits abortion in the state, despite the court’s ruling.
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