Oklahoma Supreme Court strikes down two laws restricting abortion

The Oklahoma Supreme Court struck down two laws Wednesday that required a “medical emergency” before a doctor could terminate a pregnancy to save a mother’s life, it but left in place abortion restrictions in most other cases. 

In a 6-3 ruling Wednesday, the Supreme Court ruled that two bills passed by the Oklahoma legislature in 2022, SB 1603 and HB 4327, were unconstitutional based on a March ruling that determined the constitution provides “an inherent right of a pregnant woman to terminate a pregnancy when necessary to save her life.” 

The two laws – which used civil lawsuits, rather than criminal prosecution – were struck down Wednesday because they required a “medical emergency” in order to save a mother’s life, which the court ruled in March was unconstitutional. 

“We read this section of law to require a woman to be in actual and present danger in order for her to obtain a medically necessary abortion,” the majority opinion said in March about the language of “medical emergency.”

“We know of no other law that requires one to wait until there is an actual medical emergency in order to receive treatment when the harmful condition is known or probable to occur in the future,” the majority opinion continued. 

Oklahoma’s 1910 ban on abortion remains in effect. It made intentionally performing an abortion on a woman a felony unless “necessary to preserve her life.”

“Despite the court’s decisions today on SB 1603 and HB 4327, Oklahoma’s 1910 law prohibiting abortion remains in place. Except for certain circumstances outlined in that statute, abortion is still unlawful in the State of Oklahoma,” the office of Oklahoma Attorney General Gentner Drummond said Wednesday.