Skip to content
Center for Reproductive Rights
Center for Reproductive Rights

Primary Menu

  • About
    • Overview
    • #TheForwardFight
    • Center Leadership & Staff
    • Pro Bono Program
    • Creative Council
    • Annual Reports
    • Contact Us
    • Careers
    • Diversity, Equity and Inclusion
  • Work
    • Overview
    • Litigation
    • Legal Policy and Advocacy
    • Resources & Research
    • Recent Case Highlights
    • Landmark Cases
    • Cases Archive
    • World’s Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
  • Issues
    • Overview
    • Abortion
    • Adolescent Sexual and Reproductive Health and Rights
    • Assisted Reproduction
    • Contraception
    • Humanitarian Settings
    • Maternal Health
    • COVID-19
  • Regions
    • Overview
    • Africa
    • Asia
    • Europe
    • Latin America and the Caribbean
    • United States
    • Global Advocacy
  • News
    • Latest News
    • Center in the Spotlight
    • Events
    • Press Releases
    • Press Room
    • Newsletters
  • Resources
    • Resources & Research
    • World Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
  • Act
    • Overview
    • Give
    • Act
    • Learn
  • Donate
    • Make a Gift Now
    • Be a Champion
    • Join the Advocates Council
    • Become a Major Donor
    • Give Through Your Donor-Advised Fund
    • Make a Gift In Honor
    • Attend an Event
    • Leave a Legacy
    • More Ways to Give
  • Twitter
  • Facebook
  • Instagram
  • YouTube
  • LinkedIn
Donate
icon-hamburger icon-magnifying-glass Donate
icon-magnifying-glass-teal

Nova Health Systems v. Cline et al.

Center for Reproductive Rights - Center for Reproductive Rights - search logo
search Close Close icon
Center for Reproductive Rights -
Menu Close Menu Close icon
Donate

Primary Menu

  • About
    • Overview
    • #TheForwardFight
    • Center Leadership & Staff
    • Pro Bono Program
    • Creative Council
    • Annual Reports
    • Contact Us
    • Careers
    • Diversity, Equity and Inclusion
  • Work
    • Overview
    • Litigation
    • Legal Policy and Advocacy
    • Resources & Research
    • Recent Case Highlights
    • Landmark Cases
    • Cases Archive
    • World’s Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
  • Issues
    • Overview
    • Abortion
    • Adolescent Sexual and Reproductive Health and Rights
    • Assisted Reproduction
    • Contraception
    • Humanitarian Settings
    • Maternal Health
    • COVID-19
  • Regions
    • Overview
    • Africa
    • Asia
    • Europe
    • Latin America and the Caribbean
    • United States
    • Global Advocacy
  • News
    • Latest News
    • Center in the Spotlight
    • Events
    • Press Releases
    • Press Room
    • Newsletters
  • Resources
    • Resources & Research
    • World Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
  • Act
    • Overview
    • Give
    • Act
    • Learn
  • Donate
    • Make a Gift Now
    • Be a Champion
    • Join the Advocates Council
    • Become a Major Donor
    • Give Through Your Donor-Advised Fund
    • Make a Gift In Honor
    • Attend an Event
    • Leave a Legacy
    • More Ways to Give
  • Twitter
  • Facebook
  • Instagram
  • YouTube
  • LinkedIn

  • Overview

Share this page

Donate Now

Join Now

Nova Health Systems v. Cline et al.

Share this page

  • facebook
  • Twitter
  • linkedin
  • Email id

(REVISED 1.19.22) This lawsuit challenges two Oklahoma measures which threaten to make safe and legal abortion even harder to obtain in a state with only two abortion providers.


The first measure, HB 1721, bans the most commonly used method of ending a pregnancy in the second trimester—which could force some women to undergo additional invasive, unnecessary procedures, incur additional costs, delay their care, or even lose access to abortion services entirely. The second measure, HB1409, triples the state’s mandatory waiting period from 24 to 72 hours for all women seeking abortion services–making Oklahoma the fifth U.S. state to force women to delay constitutionally protected health care for at least three days, the longest waiting period in the country.  


This lawsuit is the eighth time in five years that the Center for Reproductive Rights has challenged unconstitutional restrictions on reproductive health care in Oklahoma, including a lawsuit filed in September 2015 challenging an omnibus measure that blatantly violates the Oklahoma Constitution’s single subject rule. The Center also successfully challenged the state’s Texas-style clinic shutdown law and most recently passed restrictions on medication abortion. The state Supreme Court temporarily blocked the clinic shutdown law from taking effect in November 2014 and a state court permanently blocked the restrictions on medication abortion last month.


Both measures were signed into law by Governor Mary Fallin this past spring and are slated to take effect on November 1, 2015.


Plaintiff(s): Nova Health Systems d/b/a Reproductive Services


Center Attorney(s): Autumn Katz, Molly Duane


Co-Counsel/Cooperating Attorneys: Blake Patton at Walding &amp, Patton


Summary:  The Center filed a complaint in Oklahoma state court on October 2, 2015 challenging HB 1721, which bans the most common method of second trimester abortion, and HB 1409, which triples the state’s mandatory waiting period from 24 to 72 hours. The Center is arguing that these measures violate a woman’s constitutional right to abortion, the Oklahoma Constitution’s prohibition on special laws, and were passed for the improper purpose of restricting women’s access to abortion care in Oklahoma. On October 14, the district court granted our motion for a temporary injunction of HB 1721 and the law is now blocked. HB 1409 took effect on November 1, 2015.


On July 13, 2018, we filed a request with the trial court asking that both laws be permanently enjoined as impermissible under the Oklahoma Constitution. On December 11, the trial court upheld the 72 hour delay law. On July 12, 2019, the judge announced from the bench at a hearing that the trial court would uphold the D&E ban. The Center filed a motion to preserve the status quo and keep the D&E ban blocked pending an appeal to the Oklahoma Supreme Court. While the trial court initially denied the motion, the Oklahoma reinstated the temporary injunction pending appeal on November 4. The appeal at the Oklahoma Supreme Court is fully briefed. Awaiting a ruling.

Legal Documents:

  • Order Granting In Part and Denying In Part Plaintiffs Motion for Temporary Injunction, 10.28.15
  • Petition, 10.02.15

Related Content

Issues:

Abortion, Legal Restrictions, Other Barriers

Regions:

United States

Work:

In the Courts

Case Status:

Open

Footer Menu

  • Careers
  • Privacy Policy
  • Contact Us

Center for Reproductive Rights
© (1992-2023)

Use of this site signifies agreement with our disclaimer and privacy policy.

Center for Reproductive Rights
This site uses necessary, analytics and social media cookies to improve your experience and deliver targeted advertising. Click "Options" or click here to learn more and customize your cookie settings, otherwise please click "Accept" to proceed.
OPTIONSACCEPT
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
CookieDurationDescription
_ga2 yearsThis cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors.
_gat_UA-6619340-11 minuteNo description
_gid1 dayThis cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the wbsite is doing. The data collected including the number visitors, the source where they have come from, and the pages viisted in an anonymous form.
_parsely_session30 minutesThis cookie is used to track the behavior of a user within the current session.
HotJar: _hjAbsoluteSessionInProgress30 minutesNo description
HotJar: _hjFirstSeen30 minutesNo description
HotJar: _hjid1 yearThis cookie is set by Hotjar. This cookie is set when the customer first lands on a page with the Hotjar script. It is used to persist the random user ID, unique to that site on the browser. This ensures that behavior in subsequent visits to the same site will be attributed to the same user ID.
HotJar: _hjIncludedInPageviewSample2 minutesNo description
HotJar: _hjIncludedInSessionSample2 minutesNo description
HotJar: _hjTLDTestsessionNo description
SSCVER1 year 24 daysThe domain of this cookie is owned by Nielsen. The cookie is used for online advertising by creating user profile based on their preferences.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
CookieDurationDescription
_fbp3 monthsThis cookie is set by Facebook to deliver advertisement when they are on Facebook or a digital platform powered by Facebook advertising after visiting this website.
fr3 monthsThe cookie is set by Facebook to show relevant advertisments to the users and measure and improve the advertisements. The cookie also tracks the behavior of the user across the web on sites that have Facebook pixel or Facebook social plugin.
IDE1 year 24 daysUsed by Google DoubleClick and stores information about how the user uses the website and any other advertisement before visiting the website. This is used to present users with ads that are relevant to them according to the user profile.
IMRID1 year 24 daysThe domain of this cookie is owned by Nielsen. The cookie is used for storing the start and end of the user session for nielsen statistics. It helps in consumer profiling for online advertising.
personalization_id2 yearsThis cookie is set by twitter.com. It is used integrate the sharing features of this social media. It also stores information about how the user uses the website for tracking and targeting.
TDID1 yearThe cookie is set by CloudFare service to store a unique ID to identify a returning users device which then is used for targeted advertising.
test_cookie15 minutesThis cookie is set by doubleclick.net. The purpose of the cookie is to determine if the user's browser supports cookies.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
CookieDurationDescription
adEdition1 dayNo description
akaas_MSNBC10 daysNo description
cookielawinfo-checkbox-functional1 yearThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-others1 yearNo description
geoEdition1 dayNo description
next-i18next1 yearNo description
SAVE & ACCEPT
Powered by CookieYes Logo
Scroll Up