Supreme Court of Oklahoma

Oklahoma Call for Reproductive Justice v. Drummond

November 14, 20232023 OK 111

Summary

The Oklahoma Supreme Court held that the district court abused its discretion by denying a temporary injunction against three abortion‑related statutes and vacated that order, directing the lower court to grant a temporary injunction pending further merits proceedings. The Court based its decision on the clear weight of evidence that the statutes impose unnecessary burdens on the constitutionally protected right to terminate a pregnancy to preserve the mother’s life. The opinion also noted that the underlying constitutional right was previously recognized in OCRJ I and that strict scrutiny applies to challenges to such statutes.