Oklahoma Call for Reproductive Justice v. State of Oklahoma

Summary

The Oklahoma Supreme Court assumed original jurisdiction over a challenge to Oklahoma Senate Bill 1503 and House Bill 4327, which restricted abortion and provided for civil enforcement. The Court held both statutes unconstitutional under the Oklahoma Constitution, granted declaratory relief, and denied injunctive relief and a writ of prohibition. The decision relied principally on stare decisis following Oklahoma Call for Reproductive Justice v. Drummond.

Holdings

1. The Oklahoma Supreme Court assumed original jurisdiction over petitioners' constitutional challenge.
2. S.B. 1503 is unconstitutional under the Oklahoma Constitution because its abortion prohibition impermissibly restricts the inherent right of a pregnant woman to terminate a pregnancy when necessary to preserve her life.
3. H.B. 4327 is unconstitutional under the Oklahoma Constitution because it impermissibly restricts the inherent right recognized in Oklahoma Call for Reproductive Justice v. Drummond.
4. The unconstitutional provisions of H.B. 4327 could not be severed without either creating a more restrictive statute or eliminating the bill's enforceable meaning, and the Court would not rewrite the statute.
5. Petitioners were not entitled to injunctive relief or a writ of prohibition.

Questions Presented

1. Whether the Oklahoma Supreme Court should assume original jurisdiction over the challenge to S.B. 1503 and H.B. 4327.
2. Whether S.B. 1503 violates the Oklahoma Constitution by restricting a pregnant woman's inherent right to terminate a pregnancy when necessary to preserve her life.
3. Whether H.B. 4327 violates the Oklahoma Constitution for the same reason.
4. Whether the unconstitutional portions of H.B. 4327 could be severed.
5. Whether petitioners were entitled to injunctive relief or a writ of prohibition.

Disposition

other