District Judge's Ruling On Oklahoma Ultrasound Law Expected Next Week

Main Category: Abortion
Also Included In: Pregnancy / Obstetrics;  MRI / PET / Ultrasound;  Litigation / Medical Malpractice
Article Date: 14 Aug 2009 - 2:00 PDT

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Oklahoma District Judge Vicki Robertson is expected to issue a ruling on Aug. 18 regarding the constitutionality of a 2008 state law (SB 1878) requiring pregnant women to receive an ultrasound and listen to an explanation of the results before abortion procedures, the AP/Joplin Globe reports. According the AP/Globe, the law's text states that a doctor should tell the woman the dimensions of the fetus and the presence -- if any -- of cardiac activity, legs, arms and internal organs.

During oral arguments Tuesday, Stephanie Toti -- an attorney for the Center for Reproductive Rights -- said the law is unconstitutionally vague and should be struck down. Toti argued the law does not provide enough guidance on what doctors are required to say in describing the ultrasound image (Talley, AP/Joplin Globe, 8/11). The law requires women to listen to medically irrelevant information and gives them no right to choose whether to hear it, Toti said (Hoberock, Tulsa World, 8/12).

Teresa Collett, special assistant attorney general, argued that there is "no lack of clarity" in the law about what information a doctor should give a woman about the ultrasound image (AP/Joplin Globe, 8/11).

According to the World, the state Legislature passed the law in 2008, but Gov. Brad Henry (D) vetoed it because there was no exception for rape or incest. The Legislature overrode the veto (Tulsa World, 8/12). The law had been scheduled to go into effect on Nov. 1, 2008. Robertson granted a temporary injunction after Nova Health Systems, the parent group of Reproductive Services in Tulsa, filed a lawsuit in October challenging the law's constitutionality, the AP/Globe reports. Toti said the Tulsa clinic provides abortion services to about 200 women monthly, including pregnancy testing, counseling and referrals to adoption agencies (AP/Joplin Globe, 8/11).

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