Oklahoma Supreme Court blocks pro-life laws, but state still protects preborn children

The Oklahoma Supreme Court ruled 5-4 Tuesday to place an injunction on three pro-life laws in the state, including a law that requires the abortionist to be a board-certified OB/GYN, a law that requires the abortionist to have admitting privileges at a nearby hospital, and the requirement that the woman receive an ultrasound 72-hours prior to her abortion.

The decision comes in response to a lawsuit filed by the Tulsa Women’s Reproductive Clinic, Planned Parenthood, and the Center for Reproductive Rights.

WARNING: Images of abortion victims below.

Despite the injunction, abortion remains illegal in nearly all cases in the state, except in situations in which the mother’s life is considered to be at risk. However, the court clarified that “absolute certainty is not required; however, mere possibility or speculation is insufficient,” as to the question of whether or not a pregnancy endangered the mother’s life.

Associate Justice Douglas Combs, who wrote the majority opinion, said that the three laws “place unnecessary burdens on the lawful termination of a pregnancy and therefore we hold that the trial court erred in not granting the temporary injunction.”

“The chilling effect of these new laws is such that no physician would likely risk providing constitutionally protected care for fear of violating these statutes,” he wrote. Here are some results of that so-called “constitutionally protected care”:

The Oklahoma Democratic Party released a statement saying they were “cautiously optimistic” about the court’s ruling.

“The Oklahoma Democratic Party will not stop and will continue to fight to protect women’s rights to control their bodies,” they said. “What is a private matter between every woman and their healthcare provider needs to stay that way and should not include the decision-making of unrelated non-experts and the government.”

State Senator Julie Daniels said the ruling was “nonsensical” and “yet another abrogation of its duty to uphold the Oklahoma Constitution.”

The office of Attorney General Gentner Drummond told KOCO News it is reviewing the court’s decision. “It is worth underscoring, however, that these decisions do not impact Oklahoma’s prohibition on abortion that remains the law of the land,” Drummond spokesman Phil Bacharach said.