Decision: Nova Health Systems v. Henry (OK)
On March 2, 2010, the Oklahoma Supreme Court affirmed the judgment that S.B. 1878 is unconstitutional. S.B. 1878 was the law from 2008 that, among other things, required mandatory review of ultrasound images, imposed restrictions on the provision of medical abortion, and prohibited a woman from suing her doctor for damages if the doctor withheld information about her pregnancy.
The Center represented Nova Health Services (a.k.a. Reproductive Services), one of the only clinics in the state providing abortions. One of the restrictions, an ultrasound provision, would have prohibited a woman from getting an abortion unless she first had an ultrasound and listened to her doctor describe the image in detail — even if she objected. In addition, the law would have restricted the availability of abortions performed with the medical abortion pill, leaving some women with surgery as their only option.
The decision in this case means that Reproductive Services can continue to provide services to the more than 2,000 women a year from Oklahoma and surrounding states who seek their help.
