Clinic asks for abortion law injuction to remain

A Tulsa abortion provider is asking a central Oklahoma court to keep on hold a law banning a midterm pregnancy procedure after a judge ruled the measure was constitutional.

The Tulsa Women's Reproductive Clinic is asking Oklahoma County District Judge Cindy Truong to keep an injunction against House Bill 1721 in place while it appeals her decision to let the law stand to the Oklahoma Supreme Court.

The request was filed July 24.

HB 1721, called the "Oklahoma Unborn Child Protection from Dismemberment Abortion Act," prohibits an abortion method in which suction is used to remove the contents of the uterus, followed by the use of forceps and then more suction until the uterus is emptied.

Truong on July 12 ruled the law banning dilation and evacuation, a common method of ending pregnancy after 14 weeks, was constitutional.

The clinic, represented by the Center for Reproductive Rights, said enforcing the law would be unprecedented in the United States. It is asking the court to clarify its ruling to include preservation of the temporary injunction until a final and full resolution of the case.

The Center for Reproductive Rights said every other court that has reviewed similar bans, including in Alabama, Arkansas, Kansas, Kentucky and Texas, has blocked them from taking effect.

"Every single state and federal court reviewing the constitutionality of identical bans on D& E have permanently or preliminarily enjoined the law as imposing an undue burden on the constitutional right to access pre-viability abortion," according to the filing.

A district court judge put the 2015 law on hold at the beginning of the legal challenge.

Oklahoma Attorney General Mike Hunter's office represented the state in the case.

His office is expected to a file a response, said Alex Gerszewski, a Hunter spokesman. The response is due Thursday, he said.