Oklahoma Abortion Laws Upheld by Appeals Court
Last Wednesday, two challenges to Oklahoma’s abortion parental notification laws were struck down by the appellate court.
Last Wednesday, two challenges to Oklahoma’s abortion parental notification laws were struck down by the appellate court.
The 10th U.S. Circuit Court of Appeals ruled against two cases filed by Nova Health Systems, an abortion provider based in Tulsa, Oklahoma.
In the first case, Nova sought a temporary injunction to block the enforcement of a new parental notification law, signed by Governor Brad Henry in May. The law requires doctors to provide written notification at least 48 hours before a procedure to the parents of minors seeking an abortion. Exceptions are allowed in emergencies.
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The law also states that at least 24 hours before an abortion, women must be informed about the medical risks associated with abortions, the gestational state of the fetus, and available assistance should the mother decide to keep the baby.
In a lawsuit filed in May, Nova charged that the law does not allow sufficient protection of a minor’s rights because it does not include a time frame for seeking a judicial waiver for notification. District Judge Dale Cook ruled that the law does provide sufficient protections and denied a later request to block the law.
Nova filed an appeal and again asked the court to temporarily block the law until the appeal is settled. In its ruling on Wednesday, the court denied the request, saying that the law “is likely to withstand constitutional scrutiny.”
In a second case, a challenge was brought against a 2001 law that says abortion providers are responsible for medical costs if they perform an abortion on a minor without parental consent or notification. Nova charged that the law was unconstitutional because it does not allow for exceptions in emergencies or cases where a judicial waiver was obtained.
In 2002, a district judge struck down the law, but the suit was later dismissed by the appeals court. On Wednesday, the appeals court again upheld their decision against the 2002 ruling, saying that Nova did not show sufficient evidence to sue the defendants.
Attorney for Nova, Bebe Anderson, said that the clinic will decide whether to pursue the case, with different defendants.
