Summary

Summary

This case was filed on September 2, 2021 to challenge five Oklahoma abortion bans and restrictions—all of which have been blocked while the case proceeds.

The laws challenged in this case were due to go into effect on November 1, 2021. They include two abortion bans, an OB/GYN board-certification requirement, and multiple restrictions that would limit access to medication abortion.

About the case

About the case

The first three laws challenged in this case are:  

• A law that bans abortion entirely by declaring that the provision of abortion care is “unprofessional conduct” by physicians, resulting in suspension of medical licensure for one year, at a minimum.
• A law banning abortion at approximately six weeks of pregnancy, which is before most people realize they are pregnant.
• A law that would arbitrarily prohibit highly trained clinicians, including family medicine doctors, from providing abortion care because they are not board-certified OB/GYNs.

The other two laws contain hundreds of provisions severely limiting access to medication abortion, even though medication abortion has many benefits for patients: 

• One law includes provisions that add to the existing mandatory 72-hour delay a mandatory ultrasound requirement, which would force patients to have two appointments with a healthcare provider at least 72-hours apart before obtaining abortion care.  Other provisions require patient and provider information to be filed with the state.
• The other includes additional restrictions on medication abortion, which would apply to providers, manufacturers, and distributors. These new restrictions include narrowing the window in which medication abortion can be prescribed and requiring doctors who are certified to provide medication abortion to have admitting privileges at a nearby hospital.

This case was filed prior to the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization. At that time, Oklahoma legislators repeatedly enacted laws that violated the constitutional right to abortion under Roe v. Wade. Those efforts, as explained in the complaint filed by the Center and its partners, were repeatedly rebuffed by Oklahoma state courts, including the Oklahoma Supreme Court.   

About the rulings

About the rulings

On October 4, 2021, the state district court agreed to block the total abortion ban and the law that would ban abortion as early as approximately six weeks into pregnancy. But the court refused to block the OB/GYN board-certification requirement and the two laws restricting access to medication abortion. Plaintiffs appealed the refusal to block the remaining challenged laws to the Oklahoma Supreme Court.

On October 25, 2021, the Oklahoma Supreme Court instituted an emergency temporary injunction blocking the three remaining laws.

On June 24, 2022, while the appeal in this case was pending, the U.S. Supreme Court issued its decision in Dobbs. On March 21, 2023, the Oklahoma Supreme Court recognized in a separate case brought by the Center that the Oklahoma Constitution independently protects a right to life-preserving abortions. The Oklahoma Supreme Court reaffirmed that right on May 31, 2023, in another case brought by the Center.

On November 14, 2023, the Oklahoma Supreme Court issued an order in this case vacating the district court’s denial of temporary relief. It recognized that maintaining the status quo would further the public interest in protecting the right to life-preserving abortions and directed the district court to temporarily enjoin the remaining challenged laws. The Court held that its own temporary injunction would remain in place in the meantime.

The case is now back at the state district court on remand, awaiting a ruling on a motion to dismiss filed by the State.

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