Challenging Oklahoma Parental Notification Law

[Rowdy Roddy]

Well LIBERALS, happy now ?[]
Are you happy Clinton "soccer moms"? []

Federal Court Of Appeals Hears Arguments In Case Challenging Oklahoma Parental Notification Law
18 Jan 2006  

A three-judge panel of the 10th U.S. Circuit Court of Appeals on Wednesday in Denver heard oral arguments in a case challenging a 2005 Oklahoma parental notification law that requires physicians to notify in writing a parent or guardian of any minor seeking abortion at least 48 hours before performing the procedure, the Associated Press reports (Associated Press, 1/12). The law (HB 1686) -- which took effect in May 2005 after Gov. Brad Henry (D) signed it -- also requires health care providers to inform women of the medical risks of abortion at least 24 hours in advance of the procedure and give women certain information regarding the anatomical and physiological characteristics of a fetus at different stages of gestation. The law allows for exceptions in cases of emergency. The Center for Reproductive Rights -- which sought to block enforcement of the law on behalf of Nova Health Systems, the parent company of the Tulsa, Okla.-based clinic, Reproductive Services, in May 2005 after the bill was signed -- filed a lawsuit arguing that the law violates girls' rights by not establishing guidelines for judicial bypass in cases of abuse or if a girl does not have parents. District Judge Dale Cook decided not to issue a temporary restraining order and ruled that the law makes sufficient provisions for the health and safety of minors who seek to use judicial bypass. CRR then filed a second motion, asking Cook to prevent the law from taking effect until the 10th U.S. Circuit Court of Appeals ruled on the appeal of Cook's earlier decision or until the Oklahoma Supreme Court sets a time frame for handling judicial bypass requests. The July 2005 ruling by the 10th U.S. Circuit Court of Appelas denied the request. A two-judge panel of the court also denied CRR's request for a temporary injunction blocking enforcement of the law, saying the statute could withstand constitutional scrutiny (Kaiser Daily Women's Health Policy Report, 7/22/05).
Oral Arguments
Sanford Cohen, deputy director of the domestic legal program at CRR, on Wednesday argued that the cases of some minors could be "lost in the mix" because of language in the parental notification measure. He also said that even a brief delay in obtaining an abortion could have damaging effects. Teresa Collett, attorney for the defense, argued in a court document that the Oklahoma Legislature modeled the judicial bypass clause after a Minnesota provision that was upheld as constitutional by the U.S. Supreme Court in 1990. Cohen said the panel might decide the case within the next two months (Associated Press, 1/12).

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