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Judicial Trends Reproductive Liberties and Care Access

Oklahoma Call for Reproductive Justice v. Drummond

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Overview

Oklahoma Call for Reproductive Justice v. Drummond (Okla., Mar. 21, 2023): A group of abortion care provider organizations petitioned the Oklahoma Supreme Court to find state laws that criminalize abortion unconstitutional, arguing the laws violate Oklahoma constitutional protections of inalienable rights and substantive due process, independent of federal law. The Oklahoma Supreme Court ruled that the state constitution protects a limited right to abortion in life-threatening situations but declined to rule on whether it protects a broader right to abortion. The Court recognized that the Oklahoma Constitution “creates an inherent right of a pregnant woman to terminate a pregnancy when necessary to preserve her life” and that doctors may use their individual medical judgment to determine if an abortion is required pursuant to life-threatening circumstances presenting or likely to present during a pregnancy. Read the full decision here.

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