Judge Dismisses Okla. AG Office's Request To Throw Out Case Challenging Ultrasound Law

Main Category: Abortion
Also Included In: MRI / PET / Ultrasound;  Women's Health / Gynecology
Article Date: 03 Mar 2009 - 3:00 PDT

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Oklahoma County District Court Judge Vicki Robertson on Thursday dismissed the state's motion to throw out a lawsuit filed by the Center for Reproductive Rights that challenges a state law requiring abortion providers to perform ultrasounds on women seeking abortions and describe the images in detail, the Associated Press reports. The law also imposes restrictions on "medical abortion" -- pregnancy termination that induces abortion through medication rather than surgery. Robertson previously issued a temporary injunction blocking enforcement of the law. Another hearing on the case is scheduled for March 30.

The Center for Reproductive Rights -- which filed suit on behalf of Nova Health Systems, which operates a clinic that provides abortion services in Tulsa -- argues in the suit that the law violates numerous provisions of the state constitution, as well as a woman's rights to privacy and abortion. Stephanie Toti, an attorney for the center, said that the law "would chill [the clinic] from performing medical abortions," adding that it would violate a woman's right to free speech under the state constitution. Toti also said that the law would take away a woman's choice by forcing a doctor to provide a description of the fetus, regardless of whether a woman wants to hear the description or not. A doctor could lose his or her license and face a felony charge by not following the protocol, according to Toti.

Teresa Collett, representing the attorney general's office, said the center had no standing to challenge the law in state court and challenged the center's characterization of the privacy protections in the state constitution. Collett said that "the plaintiff is simply trying to bootstrap federal law into the Oklahoma constitution" (Jenkins, Associated Press, 2/26).

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