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State will appeal abortion ruling

Attorney General Drew Edmondson
 
By BARBARA HOBEROCK World Capitol Bureau
Published: 8/19/2009  3:47 PM
Last Modified: 8/19/2009  6:50 PM

OKLAHOMA CITY — Oklahoma will ask the state’s high court to overturn a judge’s decision to toss out a controversial abortion law.

A spokesman for Attorney General Drew Edmondson on Wednesday confirmed the decision to file an appeal with the Oklahoma Supreme Court.

Oklahoma County District Judge Vicki Robertson on Tuesday overturned a law requiring a woman seeking an abortion to have an ultrasound performed within an hour of the procedure and to have the findings explained.

Robertson said the bill creating the law was unconstitutional because it covered more than one subject. The measure, Senate Bill 1878, also dealt with the posting of signs in clinics, administration of the abortion pill RU-486 and lawsuits.

Supporters said all the provisions in the bill were germane to protecting women’s health.

Oklahomans for Life was pleased to find out that the case would be appealed, said the group’s state chairman, Tony Lauinger.

“All the provisions of this bill were very closely related,” Lauinger said. “The lawsuit demonstrates the length to which the abortion industry will go in trying to keep from pregnant women the truth about their unborn children. This bill would help women to make a truly informed decision about whether or not to have an abortion.”

Robertson said because she found the measure unconstitutional, addressing other challenges to the law was not necessary.

Critics said the ultrasound requirement was an affront to a woman’s decision-making power and dignity.

Reproductive Services of Tulsa challenged the 2008 law, which had been put on hold pending the outcome of its lawsuit.

Gov. Brad Henry had vetoed the measure, but the Oklahoma Legislature overturned his veto.

So far, the state has spent about $67,000 defending the measure, said attorney general’s spokesman Charlie Price.

The Center for Reproductive Rights in New York represented the clinic in its lawsuit.

The group is disappointed in the decision to appeal the judge’s ruling but not surprised, said Janet Crepps, deputy director in the U.S. Legal Program at the Center for Reproductive Rights.

“We think the law is fatally flawed and it should be allowed to die its natural death and no attempts should be made to resurrect it,” Crepps said.

Crepps said she is confident the Oklahoma Supreme Court will agree with Robertson’s decision to toss out the law.

By BARBARA HOBEROCK World Capitol Bureau

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Reader comments for this story have been moved to the most updated version of the story, now under the headline "Abortion law ruling to be appealed," which was published on 8/20/2009. So far, 84 comments have been made.
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