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Judge tosses abortion law
The measure was intended to require a woman seeking an abortion to have an ultrasound.
 
By BARBARA HOBEROCK World Capitol Bureau
Published: 8/19/2009  2:20 AM
Last Modified: 8/19/2009  3:24 AM

OKLAHOMA CITY — Oklahoma County District Judge Vicki Robertson on Tuesday tossed out a controversial abortion law.

Robertson said Senate Bill 1878 violated a provision of the Oklahoma Constitution that requires legislation to deal with a single subject matter.

The measure was intended to require a woman seeking an abortion to have an ultrasound performed within an hour of the procedure and to have the results explained to her.

The measure had been put on hold pending the outcome of a lawsuit brought by Reproductive Services of Tulsa. The clinic provides abortion services to more than 200 women each month.

SB 1878 also covered the posting of signs in clinics, administration of the abortion pill RU-486 and lawsuits.

Robertson said the measure combined five separate issues. She said because she ruled on the challenge regarding the single-subject rule, there was no need to address other arguments in the lawsuit.

Teresa Collett, a special assistant attorney general, represents the state. She said she would confer with her clients before a decision on a possible appeal is made.

"It defies common sense that the state can't protect women's health with these measures," Collett said.

All of the bill's provisions deal with protecting women's health, she said.

House Speaker Chris Benge, R-Tulsa, urged Attorney General Drew Edmondson to appeal the decision.

Stephanie Toti, an attorney with the Center for Reproductive Rights in New York, which represents the clinic, said the decision was a victory for the women of Oklahoma and the rule of law.

Toti said requiring an ultrasound takes away a woman's decision-making power.

She said she hopes the judge's action will send a message to other legislative bodies that may be considering similar laws.

Gov. Brad Henry in 2008 vetoed SB 1878, but the Legislature overturned his veto. Sponsors of the measure were Rep. Pam Peterson, R-Tulsa, and Sen. Todd Lamb, R-Edmond.

"We lost on a technicality," Peterson said, adding that the judge did not rule on the substance of the bill.

A "definite possibility" exists that a legal challenge will be brought to a 2009 measure that requires physicians to provide detailed information to the Oklahoma State Department of Health about the abortions they perform, Toti said. Lamb and Rep. Dan Sullivan, R-Tulsa, are the authors of House Bill 1595.

That information includes the age, marital status and education level of the mother, number of prior pregnancies and reason for the abortion, among other details.


Barbara Hoberock (405) 528-2465
barbara.hoberock@tulsaworld.com
By BARBARA HOBEROCK World Capitol Bureau

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Some reader comments for this story were copied from "Abortion ultrasound law tossed," which was published on 8/18/2009.

Report Comment
douglassm, tulsa (8/18/2009 3:27:16 PM)
Good. What a ridiculous waste of time. Nice to see nonsense recognized in Oklahoma.
Report Comment
Joey Mechelle, Tulsa (8/18/2009 3:35:12 PM)
Thank God!
Report Comment
BottleCap, BA (8/18/2009 3:38:38 PM)
Just another example of Judicial activism.

Legislature passed the law. Judge didn't like it and applied a a nifty little rule that is entirely open to their feelings and said it doesn't apply.

The problem with the single subject law is that if a judge doesn't like tires, they can throw out a law because it has one section on left tires and the other on right tires. If they do like tires they can keep a law that regulates airline travel, boating life jackets, and bicycle baskets since airplanes, boat trailers and bikes all have tires in common.

Because if the single issues rule's looseness, judges are taking away the reason we have a legislature based upon their ideology. Appointed judges are given the "veto" power over the 145+/- elected members of OUR legislature.
Report Comment
ProudOKLiberal, BA (8/18/2009 3:42:23 PM)
Wait, I'm confused. I looked out my window but pigs don't seem to be flying. Could it be that an Oklahoma judge made a smart decision? Maybe there's hope for this state after all.
Report Comment
native07, Pawhuska (8/18/2009 3:44:01 PM)
yeah no kidding "douglassm"
Report Comment
bearway, Jenks (8/18/2009 3:44:07 PM)
Let's start a petition, vote it in and be done with it. While we are at it, add a ban on all abortions and end the debate.
Report Comment
psychedelikrelik, Tulsa (8/18/2009 3:45:36 PM)
Victory, indeed. Thanks, Judge Robertson for upholding the rights of women, even in Oklahoma.
Report Comment
FromTheHeart, (8/18/2009 3:46:56 PM)
throwing the baby out with the bath water.

i disagree strongly with this decision. there are consequences to actions and when you abort a child you are taking a life...a heart that is beating, a soul that is living. may God have mercy on the souls of these women who murder their child.
Report Comment
psychedelikrelik, Tulsa (8/18/2009 3:47:01 PM)
bearway, repeat the following:

"Abortion is legal, and now I'm going to go mind my own business."
Report Comment
Steelman, End of the Trail (8/18/2009 3:47:28 PM)
While I disagree with the effect of the judge's decision, I respect her willingness to follow the state's constitution. It's high irony that an abortion law is struck down from a "strict constructionist" viewpoint. This leads to four thoughts:

1. If Judge Robertson were a federal judge, would she have taken a "strict constructionist" view of the Federal Constitution?
2. Why didn't the Roe v. Wade justices follow the constitution?
3. Why doesn't the federal constitution contain a similar clause to Oklahoma's forcing bills to deal with one subject matter?
4. How many bills exiting the Oklahoma Legislature deal with more than one subject and how many others are struck down?
Report Comment
ikesdad, Tahlequah (8/18/2009 3:48:01 PM)
I agree with Bottle Cap. Judicial activism just like the Supreme Court decision that spawned this abomination we call "choice." This single subject rule is completely arbitrary and up to the appointed judge. Our reps voted our conscience on this issue and we are told it doesn't matter what we think. Way to go, let's keep on killing so that our lives will be a little more convenient.
Report Comment
psychedelikrelik, Tulsa (8/18/2009 3:49:55 PM)
Your life would be a lot more convenient if you'd only MYOB.
Report Comment
Steelman, End of the Trail (8/18/2009 3:57:45 PM)
psyche,

Why is it that we must mind our own business with regard to abortion but your side refuses to mind its' own business with regard to healthcare and taxing anything that dares to be profitable?

I realize it is always difficult for liberals to explain their hypocrisy, so I'll grade you on a curve.
Report Comment
Lethal Webbin, (8/18/2009 3:59:51 PM)
"""Teresa Collett, a special assistant attorney general, said she would confer with her clients before a decision on a possible appeal would be made.

"It defies common sense that the state can't protect women's health with these measures," Collett said.

All of the bill's provisions deal with protecting women's health, Collett said."""

I don't know what Teresa's smokin' but I definitely want some. Geez.
Report Comment
psychedelikrelik, Tulsa (8/18/2009 4:00:48 PM)
Good grief, stay on topic, Steelman.

You're familiar with the phrase "apples to oranges?"

Yeah, I didn't think so.
Report Comment
fwjen, Sand Springs (8/18/2009 4:05:11 PM)
Thank God. This is the best news I've heard in a day full of good news.
Report Comment
wotko, Sapulpa (8/18/2009 4:05:12 PM)
Reminds me of a Metallica cover of a Misfits song,Last Caress/Green Hell. . . "I got something to say, I killed your baby today and it doesn't matter much to me as long as it's dead."

Anyways, I am glad they through this law out.
Report Comment
Steelman, End of the Trail (8/18/2009 4:05:27 PM)
OK, psyche, I'll play along...

How exactly am I supposed to mind my own business when I see millions of innocent lives ended because our nation is unwilling to grant them the most basic protection afforded by our nation's guiding political statement? You know, the Declaration of Independence, which purports to guarantee an individual's right to "life, liberty, and pursuit of happiness."
Report Comment
peelumba, (8/18/2009 4:05:32 PM)
great decision, the sun does shine here in Okieville every once in a while!
Report Comment
asdxrwh, (8/18/2009 4:08:37 PM)
Birth control by abortion. Enough said.
Report Comment
peelumba, (8/18/2009 4:08:37 PM)
Steel person, the debate over whether its a life or not will go on forever. you agree i disagree, when the fetis can stand up in court and argue its side then we can hear from the other side. This religious garbage spouted about a life and soul is just that...."trash".
Report Comment
Galilarm, Keys (8/18/2009 4:11:28 PM)
well looks like we better get this bill refasioned and passed soon as we can. We need to do everything we can do slow down the planned parenthood industrial child killing complex
Report Comment
asdxrwh, (8/18/2009 4:12:26 PM)
Oh! Peelumba. You just compared your life with trash. How about we put you by the curb to be pick up by the trash truck. That's what you are doing to living human beings.
Report Comment
wotko, Sapulpa (8/18/2009 4:13:17 PM)
The next verse of that Misfits song(s) gives a perfect example of why abortion should be legal. However, I won't post they lyrics to it because Im sure they would cause some of the weak and narrow minded posters here to need counciling.
Report Comment
Steelman, End of the Trail (8/18/2009 4:16:18 PM)
pee person,

With all due respect, you are wrong. The debate will NOT go on forever. It will end on that day when all truth is known and all falsehood will be exposed and all people will give an account. Obviously from your post, I take it you will disagree.

Regardless of this, I mentioned nothing "religious" about a person's soul. Our Declaration of Independence states that each person is guaranteed the right to life, liberty, and pursuit of happiness. Roe v Wade and related laws are a direct affront to our nation's founding documents.
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