The Oklahoma law bans almost all abortions from conception — with narrow exceptions to save a mother’s life or in cases of rape and incest that are reported to police.
It also empowers civilians to press charges against those they believe have performed an abortion or helped someone obtain one.
The group seeks to leverage a prior decision by Oklahoma’s top court to establish a state right to abortion that’s independent of Roe. In a separate case concerning state authority to medicate someone against their will, the Oklahoma Supreme Court ruled the state constitution recognizes privacy rights and freedom from “violation of bodily autonomy,” Muqaddam said.
In the draft of the US Supreme Court opinion leaked to Politico May 2, Justice Samuel Alito wrote that Roe was “egregiously wrong from the start” and it was time to “heed the Constitution and return the issue of abortion to the people’s elected representatives.” The opinion had the support of five of the nine justices on the U.S. Supreme Court. A final ruling is expected by early July.
Oklahoma legislators passed a six-weeks ban that mirrored the Texas law before pushing further to pass the near-total abortion ban. Center for Reproductive Rights lawyers are challenging both bans at the Oklahoma Supreme Court. Oklahoma’s abortion providers also asked the state’s high court to prevent court clerks from accepting lawsuits filed under the new abortion ban. A group of Texas clinics temporarily won that same protection from a federal judge, only to lose it when an appeals court ruled US judges can’t tell state-court clerks what to do in state-law challenges.
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