The Oklahoman

Oklahoma Supreme Court strikes down abortion law

Law would require abortion clinics to staff doctors with hospital privileges

- BY NOLAN CLAY Staff Writer nclay@oklahoman.com

The Oklahoma Supreme Court on Tuesday struck down a 2014 law requiring an abortion clinic to have present a doctor who could get a patient admitted to a nearby hospital in case of emergency.

“We ... hold the statute unconstitu­tional because it creates an undue burden on a woman’s access to abortion, violating protected rights under our federal Constituti­on,” Justice Joseph M. Watt wrote in the 9-0 decision.

A longtime abortion doctor, Larry A. Burns, challenged the law. He complained he would have to close down his clinic, the Abortion Surgery Center in Norman, because he had not been able to get admitting privileges at a hospital.

I’m disappoint­ed to see another pro-life law struck down by the courts. Like many bills passed in Oklahoma, this bill was designed to protect the health and welfare of the mother along with the life of the unborn, which always should be among our society’s priorities.”

Gov. Mary Fallin

“I’m disappoint­ed to see another pro-life law struck down by the courts,” Gov. Mary Fallin said after the ruling. “Like many bills passed in Oklahoma, this bill was designed to protect the health and welfare of the mother along with the life of the unborn, which always should be among our society’s priorities.”

The Oklahoma Supreme Court blocked enforcemen­t of the law a few days after it went into effect until its constituti­onality was “fully and finally litigated.”

The law required abortion clinics to have a doctor on the premises who had admitting privileges at a hospital no more than 30 miles away. An Oklahoma County judge in February had found the law constituti­onal, saying “this requiremen­t would advance the state’s compelling interest in patient care and safety.”

The ruling Tuesday had been expected because the U.S. Supreme Court in June ruled 5-3 against a 2013 Texas law with the same requiremen­t. Clinics across Texas had been forced to close after the law there went into effect.

Oklahoma Supreme Court justices specifical­ly agreed the Oklahoma law was “fatally flawed legislatio­n” under the recent pronouncem­ents by the U.S. Supreme Court.

Justices found the law would create a constituti­onally impermissi­ble hurdle for women who seek lawful abortions because many would be left without services if the Norman clinic closed.

The Abortion Surgery Center, for awhile, was one of only two facilities in Oklahoma that regularly did abortions. Two new facilities have opened in the Oklahoma City area this year.

Justices specifical­ly rejected arguments that the law would protect women’s health. Watt wrote the evidence in the case “fails to persuade us” that the law does anything to advance or protect women’s health.

“In fact,” he added, the Oklahoma State Medical Associatio­n “indicated this bill would have the opposite effect and specifical­ly indicated that it did not reflect the patient’s best interest.”

Burns was represente­d by the Center for Reproducti­ve Rights, a New York-based legal advocacy organizati­on. The center’s president and CEO, Nancy Northup, praised Tuesday’s decision as a “victory for Oklahoma women and another rebuke to politician­s pushing underhande­d laws that attack a woman’s constituti­onally guaranteed right to safe, legal abortion.”

“We will continue to stand with Oklahoma women in beating back these relentless political schemes designed to make the right to safe, legal abortion a right that only exists on paper,” Northup said.

Justices also struck down the law as unconstitu­tional under the Oklahoma Constituti­on, agreeing that it violated a constituti­onal requiremen­t that a legislativ­e bill cover only a single subject.

State Sen. Greg Treat, the Oklahoma City Republican who wrote the law, complained Tuesday that justices have been misinterpr­eting the single-subject rule.

“I think they’ve used it to do their will and to be almost a quasi-legislativ­e body making policy based off of using that very subjective­ly,” Treat said. “That’s a big concern of mine that I’m going to try to address.”

Newspapers in English

Newspapers from United States