Judge blocks abortion `reversal' law
Decision in the case hinges on the science, judge says in setting a temporary injunction
An Oklahoma County judge issued a temporary injunction Wednesday halting a controversial abortion reversal law from taking effect pending further litigation.
At the end of an hourlong hearing, Judge Don Andrews said he still has many questions about an abortion reversal law slated to take effect Nov. 1 and halted the measure from taking effect until he can hear additional arguments at trial.
The Center for Reproductive Rights challenged an Oklahoma law that would make it a felony for doctors to perform medically induced abortions without informing patients that such an abortion maybe reversible—a medically questionable practice that is not backed up by substantial scientific research. The law would require doctors who perform abortions to inform their patients that a medication-assisted abortion may be reversible if a patient only takes one pill of a twodose regimen.
The new law stems from Senate Bill 614 introduced by Sen. Julie Daniels, R-Bartlesville, and signed by Gov. Kevin Stitt this year.
Attorney General Mike Hunter said the state remained committed to defending the law.
“The judge didn't rule on the merits of the case and only decided to retain the status quo moving forward, pending more evidence,” Hunter said in a statement.
The abortion rights group, which brought the lawsuit on behalf of the Tulsa Women's Reproductive Clinic, paints the new law as a violation of free speech rights because it forces doctors to tell patients t hat medication aborti ons may be reversible, a practice that they say is not backed by scientific evidence.
Andrews did not decide Wednesday whether the law violates physicians' First Amendment rights.
"It is still up in the air as far as the court is concerned if this is a violation of the First Amendment," he said.
Gail Deady, a staff attorney for the Center for Reproductive Rights, praised the judge's ruling.
"We are very pleased the court saw to enter an in junction today ," she said ." It was the right decision. It's our position that physicians should not be forced to speak a government-mandated message providing misleading information to their patients."
Assistant Solicitor General Bryan Cleveland argued there is significant scientific evidence that a medication abortion can be reversed if a woman does not take the second of two pills. Oklahoma women who may be having second thoughts about their abortion deserve to know that the process can be halted so they can carry their babies to term, he said.
Some doctors can't accept that some women do change their minds about an abortion between the first and second pills, Cleveland said.
"This actually hurts women in Oklahoma by not having this disclosure," he said.
The legislation, which incited a fierce, partisan fight in Oklahoma's Legislature, also stipulates doctors could also face fines up to $10,000 per day if they don't post signs in their offices indicating a medically induced abortion may be reversed. Under the new law, the signs must include the phone number for a 24- hour Abortion Pill Reversal hotline and multiple websites that contain information about the development of an unborn child.
Andrews cited prior experience hearing abortion cases, but said the abortion reversal case was more unusual than the others. This case really all boils down to the science, he said.
"Clearly there are disputes in what is a recognized medical procedure and what is not," he said.
The l aw will be blocked until Andrew scan hear further arguments in the case. No trial date was set Wednesday so it is not immediately clear how long the temporary in junction will last.