Nova Health Systems v. Cline


The Center for Reproductive Rights filed a lawsuit in state court on behalf of a group of abortion providers challenging HB 1409, a law that triples the waiting period for abortion from 24 to 72 hours and mandates that patients seeking an abortion must undergo mandatory state-directed counseling and receive specific pregnancy-related information, and HB 1721, a law that bans the most common second-trimester abortion procedure, dilation and evacuation (D and E).

Plaintiffs allege that the two laws violate the constitutional rights of Oklahoma women to reproductive autonomy and to bodily integrity under the Oklahoma Constitution and the Oklahoma Constitution’s prohibition against special laws. Plaintiffs also allege that the provision requiring mandatory counseling violates their right to free speech.


STATUS

10/14/15 – The district court granted temporary injunction of the HB 1721, but not HB 1409.

11/1/15 – HB 1409 took effect, extending the state’s waiting period for abortion to 72 hours.

7/13/18 – CRR filed a request to have both laws to be permanently enjoined as impermissible under the Oklahoma constitution.

12/11/18 – Oklahoma District Court stayed its ruling on the constitutionality of HB 1721, pending further action from the Oklahoma Supreme Court. However, the court also ruled that the 72-hour waiting period law “does not unduly burden or place a substantial obstacle in the path of a woman’s right to choose.”


KEY DOCUMENTS

**last updated December 11, 2018


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