Oklahoma Call for Reproductive Justice v. State of Oklahoma

Summary

The Oklahoma Supreme Court held that both S.B. 1503 and H.B. 4327, which criminalize abortion except in limited circumstances, are unconstitutional under the Oklahoma Constitution’s inherent right to terminate a pregnancy to preserve the woman's life. Accordingly, the Court granted declaratory relief declaring the statutes void and denied the petitioners’ request for injunctive relief or a writ of prohibition. The decision rests on stare decisis from Oklahoma Call for Reproductive Justice v. Drummond. The Court also declined to sever any provisions, finding that doing so would require rewriting the statutes, which is beyond its authority.