Oklahoma Supreme Court rules two abortion bans 'unconstitutional': report

Oklahoma Supreme Court rules two abortion bans 'unconstitutional': report
Oklahoma Attorney General Gentner Drummond, Image via screengrab.

The Oklahoma Supreme Court struck down two state abortion bans Wednesday, ruling them unconstitutional — although abortion remains illegal, Politico reports.

Per Axios, the court "ruled in the 6-3 decision that the state's 2022 near-total abortion ban and a six-week ban as unconstitutional because they interfere with the 'inherent right to terminate a pregnancy to preserve the woman's life.'"

Furthermore, according to Politico, "The laws struck down Wednesday" were deemed "unconstitutional because they require a 'medical emergency' before a doctor can perform an abortion,'" and both bans "included a civil-enforcement mechanism that allowed citizens to sue someone who either performed or helped someone perform an abortion."

READ MORE: 'Cruel and terrifying': Bounty hunters will enforce nation's first total abortion ban in Oklahoma

The high court's decision comes just days after NARAL tweeted, "Anti-choice Republican Governor Kevin Stitt just signed into law a total ban on abortion with a vigilante enforcement mechanism modeled after Texas' draconian #SB8. This is the first *total* ban on abortion of its kind signed into law in the country."

However, Oklahoma Attorney General Gentner Drummond confirmed the "total ban" will remain in place, saying in a statement, "Despite the court's decisions today on SB 1603 and HB 4327, Oklahoma's 1910 law prohibiting abortion remains in place. Except for certain circumstances outlined in that statute, abortion is still unlawful in the state of Oklahoma."

Interim President and Chief Executive Officer of Planned Parenthood Great Plains Emily Wales said, "For the first time in nearly 50 years, abortion is illegal—at every stage of pregnancy—in an American state," adding, "People who can become pregnant now have fewer rights and fewer protections in Oklahoma than in any other state in the union. Legislators who, in overwhelming numbers, cannot become pregnant have just made lesser citizens of those who can."

She emphasized, "Oklahoma's politicians, from the governor on down, are determined to strip rights from anyone who could become pregnant."

READ MORE: Oklahoma woman told to wait in hospital parking lot until 'crashing' for abortion

Politico's full report is available at this link. Axios' report is here.

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