State Abortion Law Immediately Challenged

[suffragette]

http://www.courthousenews.com/2010/04/28/26793.htm

(CN) - A clinic and an obstetrician sued Oklahoma on Tuesday, the day it enacted a harsh and restrictive law that would subject a doctor to felony charges if the doctor "knowingly or recklessly performs or attempts to perform an abortion." H.B. 2780 also requires doctors to show a woman an ultrasound photo of her embryo or fetus while simultaneously describing its particular features. And it allows a woman's brother to sue her doctor, even if his sister requested the abortion.
H.B. 2780 was enacted on April 27 over Gov. Brad Henry's veto. It takes effect immediately.
Nova Health Systems dba Reproductive Services and Dr. Larry Burns say it is unconstitutionally vague, violates women's and doctor's constitutional speech rights, is an impermissible special law, and "impermissibly burdens the fundamental rights of plaintiffs' patients to terminate a pregnancy and avoid unwanted speech in a private setting."
"In addition, the Act exposes abortion providers to an array of intimidating civil and administrative penalties to which no other health care providers in the state are exposed."
"The Act prohibits a woman from obtaining an abortion unless, at least an hour before the procedure, 'the physician who is to perform the abortion or induce the abortion, or the certified technician working in conjunction with the physician' (1) 'performs an obstetric ultrasound on the pregnant woman, using either a vaginal transducer or an abdominal transducer, whichever would display the embryo or fetus more clearly;' (2) 'provides a simultaneous explanation of what the ultrasound is depicting;' (3) 'provides a medical description of the ultrasound images, which shall include the dimensions of the embryo or fetus, the presence of cardiac activity, if present and viewable, and the presence of external members and internal organs, if present and viewable.'"
Lawmakers concede that the provisions of the law may be obnoxious.




I bolded that last sentence since it's an apt descriptor. Obnoxious, indeed.

A law codifying state sanctioned rape through forcing the insertion of a vaginal transducer into a person not wanting this procedure. Truly horrific.

Terrible that this was passed at all. Good to hear it's being challenged quickly by doctors who actually care about their patients' rights.

[joeybee12]

1. Good. KNR

[derby378]

2. Shout this one from the rooftops, people...

I'm surprised the law doesn't order doctors to make lurid comments while inserting the transducer. If this isn't a clear case of Fourth Amendment violation, I don't know what is.

And kudos to Oklahoma's Governor for trying to kill this law with a veto.

[ensho]

3. kick

nt

[AndyA]

4. I can tell you all that a LOT of people here in Oklahoma are FURIOUS about this.

We have do-nothing, corrupt Republicans in office, and they waste time with BULLSHIT like this.

Meanwhile, our roads and bridges are crumbling (except for those being worked on with stimulus funds), we have a high divorce rate, high unwed teen-age pregnancy rate, overall health among the worst in the nation, etc.

The level of anger and frustration is building. Perhaps some good will come of it.

[enlightenment]

5. I certainly hope so.

This is all they seem to do - come up with draconian laws that they know the governor will veto; override the veto; wait for the law to be struck down by the courts . . .

rinse and repeat.

I feel so sorry for you - it must be maddening.

[suffragette]

6. That has to be frustrating and infuriating

Glad to stand with you and those from your state trying to make this right.

:hug:

[AndyA]

8. Thanks, we appreciate it.

I try not to jump on someone because they live in a state where the right wingers are in control. I know that just means that not everyone has representation.

I have no representation with Senators like Inhofe and Coburn.

There are a lot of people here who do not share the opinions of our representatives, and crap like this just brings more attention to how out of control they are. I keep thinking of the women who will be impacted by this stupid, ridiculous law. Many are likely Republicans, and I have to believe aren't happy about the prospect of possibly enduring this.

They may change their minds about supporting the GOP going forward. One at a time...change comes.

[suffragette]

11. If good people like you weren't there still trying,

there would be no hope of making it better.

[Manifestor_of_Light]

13. "Being a liberal in Oklahoma SUCKS!!"

This is what my friend Jimmy Goodman says.

Jimmy is the acting partner president of the oldest and largest law firm in Oklahoma.
Crowe & Dunlevy.

So yes, there are some good Democrats there. Ya just gotta find 'em.

I wish the Lege would worry about infrastructure and real problems instead of Cletus the Fetus.

[CTyankee]

19. If I lived in OK and needed an abortion, I'd drive to Dallas real quick.

There's a wonderful Planned Parenthood office and clinic there.

Then I'd get serious about where I really wanted to live the rest of my life...

[gratuitous]

18. I'm glad to hear the people are furious

I hope that translates into some positive changes as to the membership in the legislature.

[Name removed]

7. Deleted message

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[Name removed]

9. Deleted message

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[Solly Mack]

10. K&R

[Dogtown]

12. K&R n/t

[CTyankee]

14. Allows a woman's BROTHER to sue the doc even if the woman wants the abortion?

What is this, Saudi Arabia? The 14th century?

I sure hope there's an injunction against this law from a federal court SOON! And I hope a female federal judge gets this case before her. Can't wait to hear what gets handed down...

[suffragette]

16. Yeah, that part caught my eye as well

It looks like anyone having the slightest connection to the woman can sue.

As for the woman and the doctor themselves - no choice, no independence, no rights. Relegated to vessel status.

This law is forcing women to undergo unnecessary invasive procedures and forcing doctors to perform them.

Aren't these the same folks citing the importance of the right to medical privacy and choices being between the physician and patient?

[DearAbby]

15. It is also rape,

inserting anything within the vagina against the consent of the woman is RAPE...obnoxious my ass

[suffragette]

17. Agree that it's rape

Thought I said that clearly?

On the obnoxious part, yeah that isn't nearly strong enough to describe this abysmal law.