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Medication Abortion Ban Clears Legal Hurdle in Oklahoma

A ruling from the Oklahoma Supreme Court that a medication abortion ban did not violate the state constitution breathes life into a measure blocked since 2014.

A ruling from the Oklahoma Supreme Court that a medication abortion ban did not violate the state constitution breathes life into a measure blocked since 2014. KOKH - FOX 25 / YouTube

The Oklahoma Supreme Court on Tuesday ruled a state law that restricts access to medication abortion care does not violate the state’s constitution.

At issue is HB 2684, which was signed into law by Gov. Mary Fallin (R) in April 2014. The law prohibits the off-label use of the drug RU-486 (or mifepristone) and instead requires physicians to administer medication abortion drugs only in accordance with U.S. Food and Drug Administration (FDA) protocols.

HB 2684 bans all medication abortions after 49 days of pregnancy, forcing patients to undergo a surgical procedure when they otherwise would have the option of a medication abortion.

Attorneys for the Center for Reproductive Rights challenged the restrictions in September 2014. In October 2014 a state court judge failed to block the measure from taking effect, but the Oklahoma Supreme Court stepped in and did so while the legal challenge continued.

Tuesday’s ruling determined HB 2684 did not violate the non-delegation doctrine of the Oklahoma Constitution. That provision prevents the state legislature from delegating its policy-making authority to administrative agencies. HB 2684 improperly grants Oklahoma legislative authority to the FDA, according to the plaintiffs. The Oklahoma Supreme Court rejected that argument, but sent the case back to the lower court to determine if the measure violated other provisions of the United States Constitution and Oklahoma Constitution.

“Oklahoma women should never be denied a safe way to end a pregnancy because politicians in their state are fixated on eliminating legal abortion,” Autumn Katz, senior staff attorney at the Center for Reproductive Rights, said in a statement following the opinion. “Oklahoma politicians continue to ignore medical evidence and the very real harms that will befall women in the state if they are unable to access safe and legal care.”

Despite Tuesday’s ruling, the measure will remain blocked while the litigation continues in state district court.