Oklahoma Lawmakers Work Around Recent Supreme Court Ruling On Abortion Bans

Some Oklahoma lawmakers suggest a work-around after the state’s high court ruled against two of the legislature’s abortion bans. 

Abortions in Oklahoma have been illegal in the state since last May, when two laws were passed banning all abortions with exceptions for a medical emergency. The Oklahoma Supreme Court's Wednesday decision noted the legislation did not provide a clear definition of medical emergency. 

In a 6-3 decision, the court's ruling overturns two laws from the 2022 legislative session; however, some lawmakers say it doesn’t change anything with abortion access in the state. 

“As of today, abortion is still illegal in the state of Oklahoma,” Sen. Julie Daniels (R-Bartlesville) said. 

The two laws in question are SB 1503, which bans abortion after a heartbeat is detected and HB 4327, which was a total ban on abortions.

Daniels, who authored the bills, said she believes this kind of decision is out of the court’s authority. 

“Let us remember that the Supreme Court, in overturning Roe and Dobb's decisions, said these decisions are left to the people of the state,” Daniels said. “The people of the state speak through their elected senators and representatives; they do not speak through unelected justices of a supreme court.”

Daniels also wrote a bill this session she said would make the language on all abortion statutes consistent. It addresses dozens of different abortion bills since the 1910 statute. That bill never made it out of committee.

“We left a vacuum this session when we did not take that action and the court took advantage of that,” Daniels said. “If we had acted, we would have had an excellent definition in that statute.”

State House Minority Leader Rep. Cyndi Munson (D-Oklahoma City) said House Democrats always questioned if the 2022 laws were constitutional, and said she is pleased this decision will keep healthcare decisions where they belong—between Oklahomans and their physicians.