Law Professor Explains Oklahoma's Abortion Law, One Of The Strictest In The Nation

The topic of reproductive rights is back in the spotlight after Donald Trump was elected president. Many women across the nation are questioning what the future of healthcare will look like under the new administration.

Trump has said he would not support a federal abortion ban, adding that he thinks it’s important to leave the option up to each state. Since Roe V. Wade was overturned, Oklahoma has seen some changes and clarifications in its abortion laws. 

“Oklahoma had four laws on the books that were largely overlapping and redundant. Our Supreme Court invalidated three of those laws because those laws required that a pregnant woman be literally on the cusp of death before a doctor could intervene,” said Janet Levit, a law professor at the University of Tulsa.  

There is only one law on the books that allows for an abortion only to save the life of the mother. 

“Since Roe V. Wade was overturned, there has been a complete abortion ban in place in Oklahoma,” said Professor Levit.

Any provider who performs an abortion that isn’t to save the life of the mother could face a felony with a punishment of up to 10 years in prison, up to a $100,000 fine, and could lose their medical license.

“Our abortion laws do not criminalize pregnant women. They criminalize providers,” said Levit.

With conversations of reproductive rights swirling, future president Donald Trump posted to social media, saying he would not support a federal abortion ban, and saying he fully supports the three exceptions for rape, incest, and life of the mother.

“In the time since the Supreme Court overturned Roe V. Wade, there have been more than 4,500 pregnancies that have been a result of rape or incest in our state,” said Levit.

Lawmakers in Oklahoma have introduced legislation to provide protections for victims of rape and incest, but those haven’t made it across the finish line. 

“This really requires that our politicians take a hard look at our abortion laws and our abortion bans,” said Levit.

Even though there is only one law in place now, Levit says it’s still too vague, and has caused fear in the medical field. 

“Over half of the counties in Oklahoma are maternity care deserts. Obstetric care is simply not available. Consequently, we have one of the highest maternal mortality rates in the country, our infant mortality rate is increasing in the country,” said Levit.

Levit says she is hoping that lawmakers work to clarify the law. Since Roe V. Wade was overturned, Levit says she is not aware of any healthcare providers that have been charged for administering an illegal abortion.