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Oklahoma Supreme Court Strikes Down Abortion Bans, But Legal Restrictions Remain in Place

  • Posted on June 1, 2023
  • News
  • By Arijit Dutta
  • 339 Views
The court's decision was welcomed by doctors who said uncertainty about the state's abortion laws.(AP)

The Oklahoma Supreme Court has ruled on a 6-3 Vote that two state laws prohibiting abortion are unconstitutional. In the state, abortion is only legal in cases of life-threatening conditions, while it remains prohibited in all other circumstances. 


The court ruled that the bans violated the Constitution since they mandated a "medical emergency" as a condition for doctors to carry out abortion procedures. 

Pro-choice activists march outside the Capitol in Washington, D.C. on April 15. Photo: Astrid Riecken For The Washington Post via Getty Images
Pro-choice activists march outside the Capitol in Washington, D.C. on April 15. Photo: Astrid Riecken For The Washington Post via Getty Images

This new mandate goes against a decision made in March, which acknowledged a pregnant woman's inherent lawful right to end a pregnancy to protect her own life, as stated in the Oklahoma Constitution.


Medical professionals expressed their jubilation over the court's ruling, as they had previously grappled with confusion brought about by the state's regulations on abortion. Due to the threat of legal ramifications, they had no choice but to postpone performing abortions for women with serious medical issues or unviable pregnancies until their situations deteriorated. 


The ruling has brought about a sense of clarity and guarantees the complete implementation of the principles outlined in the decision made in March.


The invalidated regulations in Oklahoma contained clauses that authorized residents to file lawsuits against any person participating or aiding in the process of abortion, resembling a statute implemented in Texas during the year 2021. 


Despite the ruling of the court, abortion remains illegal in Oklahoma under the longstanding 1910 law except for situations where the woman's life is at risk.


Republican leaders and Governor Kevin Stitt faced opposition to their decision as they had previously made efforts to limit abortions in Oklahoma. They perceived the involvement of the court as a threat to democracy and an annulment of laws formulated in accordance with popular consensus.

Oklahoma high court strikes down 2 abortion bans; procedure remains illegal in most cases
Oklahoma high court strikes down 2 abortion bans; procedure remains illegal in most cases

Amidst the recent trend of Republican-led states imposing stricter regulations on abortion and Democratic-led states reinforcing the accessibility of the procedure, this particular verdict is generating a lot of buzz in the country. It follows the US Supreme Court's Dobbs ruling, which nullified the nationwide guarantee to abortion established by the Roe v. Wade case. 


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