Davis v. W.A. Drew Edmondson (OK)

09.29.09 - The Center, representing two Oklahoma resident taxpayers, is challenging as unconstitutional a new State law that will impose extensive abortion reporting requirements on physicians and cost the State over a quarter million dollars a year to enforce.

Filing Date: 9/29/2009

State: Oklahoma

Plaintiff(s): Wanda Jo Stapleton, Lora Joyce Davis

Center Attorney(s): Jennifer Mondino, Stephanie Toti

Co-Counsel/Cooperating Attorneys: Anne Zachritz (Oklahoma City), Martha Hardwick (Tulsa)

Summary: In September 2009, the Center, on behalf of two Oklahoma resident taxpayers, challenged Oklahoma House Bill 1595 on the grounds that it violates the Oklahoma State Constitution's single subject rule, and that its enforcement will unlawfully use taxpayer funds. The Center also requested that the court issue a temporary injunction to block enforcement of the law before the law's effective date of November 2.

In Oklahoma, state taxpayers may challenge state laws on the grounds that they are unconstitutional or will result in the unlawful use of public funds. The single subject rule, guaranteed by Article V, Section 57 of the Oklahoma State Constitution, requires that state laws address only one subject at a time. The challenged law, however, addresses at least four distinct subjects: it redefines a number of abortion-related terms used in the Oklahoma code; imposes a ban on sex selective abortions; establishes new requirements for doctors who perform abortions or treat patients who have had abortions to report extensive, detailed patient information to the State Health Department; and creates new responsibilities for the Health Department, the State Board of Medical Licensure and Supervision, and the State Board of Osteopathic Examiners relating to gathering and analyzing abortion data and enforcing state laws concerning abortion. Moreover, according to a fiscal analysis submitted to the State Legislature, enforcing the bill's abortion reporting requirements will cost the state and its constituents over a quarter million-dollars every year -- $281,285 during the first year and $256,285 each subsequent year.

This is not the first time the Oklahoma State Legislature has ignored the single subject rule in an attempt to restrict women's access to abortion. In early September, in another challenge by the Center, the Oklahoma District Court struck down a 2008 state law imposing various abortion restrictions, including the most extreme ultrasound requirement in the country, ruling that the law violated the State Constitution's single subject rule.

Recent Developments

The Center filed this challenge in the Oklahoma District Court for Oklahoma County. On October 19, the Court issued a temporary restraining order blocking H.B. 1595 from taking effect until the Court determines whether to grant Plaintiffs' request for a temporary injunction, which would prevent the law from going into effect during the litigation. A hearing on Plaintiffs' temporary injunction motion had been scheduled for December 4, 2009. However, on November 16, the judge handling the case recused herself and a new judge - Hon. Daniel L. Owens - was assigned. Given the reassignment of the case, the December 4 hearing is likely to be rescheduled to a different date.