OKLAHOMA CALL FOR REPROD. JUSTICE v. STATE

No. 120,376.

531 P.3d 117 (2023)

2023 OK 60

OKLAHOMA CALL FOR REPRODUCTIVE JUSTICE, on behalf of itself and its members, Tulsa Women's Reproductive Clinic, LLC, on behalf of itself, its physicians, its staff, and its patients, Alan Braid, M.D., on behalf of himself and his patients, Comprehensive Health of Planned Parenthood Great Plains, Inc., on behalf of itself, its physicians, its staff, and its patients and Planed Parenthood of Arkansas & Eastern Oklahoma, on behalf of itself, its physicians, its staff and its patients, Petitioners, v. The STATE of Oklahoma, Nichole Cooper in her official capacity as court clerk of Adair County; Tammi Miller in her official capacity as court clerk of Alfalfa County; Angela Nuttall in her official capacity as court clerk of Atoka County; Tammie Patzkowsky in her official capacity as court clerk of Beaver County; Donna Howell in her official capacity as court clerk of Beckham County; Christy Malti in her official capacity as court clerk of Blaine County; Donna Alexaner in her official capacity as court clerk of Bryan County; Patti Barger in her official capacity as court clerk of Caddo County; Marie Hirst in her official capacity as court clerk of Canadian County; Renee Bryant in her official capacity as court clerk of Carter County; Lesa Rousey-Daniels in her official capacity as court clerk of Cherokee County; Laura Sumner in her official capacity as court clerk of Choctaw County; Metzi Brown in her official capacity as court clerk of Cimarron County; Marilyn Williams in her official capacity as court clerk of Cleveland County; LaDonna Flowers in her official capacity as court clerk of Coal County; Robert Morales in his official capacity as court clerk of Comanche County; Terry Kelley in her official capacity as court clerk of Cotton County; Deborah Mason in her official capacity as court clerk of Craig County; Amanda Vanorsdol in her official capacity as court clerk of Creek County; Staci Hunter in her official capacity as court clerk of Custer County; Caroline Weaver in her official capacity as court clerk of Delaware County; Rachelle Rogers in her official capacity as court clerk of Dewey County; Sally Wayland in her official capacity as court clerk of Ellis County; Janelle Sharp in her official capacity as court clerk of Garfield County; Laura Lee in her official capacity as court clerk of Garvin County; Lisa Hannah in her official capacity as court clerk of Grady County; Deana Kilian in her official capacity as court clerk of Grant County; Jeanna Scott in her official capacity as court clerk of Greer County; Stacy Macias in her official capacity as court clerk of Harmon County; Susan Breon in her official capacity as court clerk of Harper County; Tina Okas in her official capacity as court clerk of Haskell County; Ashley Sanford in her official capacity as court clerk of Hughes County; Tina Swailes in her official capacity as court clerk of Jackson County; Kimberly Berry in her official capacity as court clerk of Jefferson County; Cassandra Slover in her official capacity as court clerk of Johnston County; Marilee Thornton in her official capacity as court clerk of Kay County; Lisa Markus in her official capacity as court clerk of Kingfisher County; Kay Richards in her official capacity as court clerk of Kiowa County; Melinda Brinlee in her official capacity as court clerk of Latimer County; Melba Hall in her official capacity as court clerk of Le Flore County; Cindy Kirby in her official capacity as court clerk of Lincoln County; Cheryl Smith in her official capacity as court clerk of Logan County; Wendy Holland in her official capacity as court clerk of Love County; Shauna Hoffman in her official capacity as court clerk of Major County; Wanda Pierce in her official capacity as court clerk of Marshall County; Jenifer Clinton in her official capacity as court clerk of Mayes County; Kristel Gray in her official capacity as court clerk of McClain County; Kathy Gray in her official capacity as court clerk of McCurtain County; Lisa Rodebush in her official capacity as court clerk of McIntosh County; Jodi Jennings in her official capacity as court clerk of Murray County; Robyn Boswell in her official capacity as court clerk of Muskogee County; Hillary Vorndran in her official capacity as court clerk of Noble County; April Frauenberger in her official capacity as court clerk of Nowata County; Sherri Foreman in her official capacity as court clerk of Okfuskee County; Rick Warren in his official capacity as court clerk of Oklahoma County; Charly Criner in her official capacity as court clerk of Okmulgee County; Jennifer Burd in her official capacity as court clerk of Osage County; Cassie Key in her official capacity as court clerk of Ottawa County; Ila Potts in her official capacity as court clerk of Pawnee County; Lori Allen in her official capacity as court clerk of Payne County; Pam Smith in her official capacity as court clerk of Pittsburg County; Karen Dunnigan in her official capacity as court clerk of Ponotoc County; Valier Ueltzen in her official capacity as court clerk of Pottawatomie County; Tina Freeman in her official capacity as court clerk of Pushmataha County; Jan Bailey in her official capacity as court clerk of Roger Mills County; Cathi Edwards in her official capacity as court clerk of Rogers County; Kimberly Davis in her official capacity as court clerk of Seminole County; Gina Cox in her official capacity as court clerk of Sequoyah County; Melody Harper in her official capacity as court clerk of Stephens County; M. Renee Ellis in her official capacity as court clerk of Texas County; Kevin Stevens in his official capacity as court clerk of Tillman County; Don Newberry in his official capacity as court clerk of Tulsa County; Jim Hight in his official capacity as court clerk of Wagoner County; Jill Spitzer in her official capacity as court clerk of Washington County; Lynda Vermillion in her official capacity as court clerk of Washita County; Staci Davey in her official capacity as court clerk of Woods County; and Tammy Roberts in her official capacity as court clerk of Woodward County, Respondents.

Supreme Court of Oklahoma.

Filed May 31, 2023.


Attorney(s) appearing for the Case

J. Blake Johnson , Overman Legal Group, PLLC, Oklahoma City, Oklahoma for Petitioners Oklahoma Call for Reproductive Justice, Tulsa Women's Reproductive Clinic, LLC, Alan Braid, M.D., Comprehensive Health of Planned Parenthood Great Plains, Inc. and Planned Parenthood of Arkansas & Eastern Oklahoma.

Catherine (Cici) Coquillette , Meetra Mehdizadeh , and Rabia Muqaddam , Center for Reproductive Rights, New York, New York for Petitioners Oklahoma Call for Reproductive Justice, Tulsa Women's Reproductive Clinic, LLC, and Alan Braid, M.D.

Sarah Mac Dougall and Jennifer Sandman , Planned Parenthood Federation of America, New York, New York for Petitioners Comprehensive Health of Planned Parenthood Great Plains, Inc. and Planned Parenthood of Arkansas & Eastern Oklahoma.

Zach West , Acting Solicitor General, and Audrey A. Weaver , Assistant Solicitor General, Office of Attorney General, Oklahoma City, Oklahoma for Attorney General of Oklahoma, Gentner Drummond, pursuant to 74 O.S. § 18b(A)(3).

Mike Shouse , Tulsa County District Attorney's Office, Tulsa, Oklahoma for Respondent Don Newberry, in his official capacity as Tulsa County Court Clerk.

Charles L. Sifers , Assistant District Attorney, Sixth Prosecutorial District, Chickasha, Oklahoma for Respondents Lisa Hannah, Melody Harper, Patti Barger, and Kimberly Berry in their respective roles as Court Clerks of Grady, Stephens, Caddo, and Jefferson Counties.

S. Corey Stone , Assistant District Attorney, Office of the District Attorney, District 23, Shawnee, Oklahoma for Respondent Valerie Ueltzen, in her official capacity as Court Clerk of Pottawatomie County.

Melissa G. Handke , First Assistant District Attorney, Twentieth Judicial District, Carter County District Attorney's Office, Ardmore, Oklahoma for Respondents Renee Bryant, Casandra Slover, Wendy Holland, Wanda Pierce, and Jodi Jennings in their respective roles as Court Clerks of Carter, Johnston, Love, Marshall, and Murray County.

Candice M. Irby , Assistant District Attorney, Wewoka, Oklahoma for Respondent Kimberly Davis in her official capacity as Seminole County Court Clerk.

Nicholas E. Thurman , Assistant District Attorney, Ada, Oklahoma for Respondent, the State of Oklahoma.

Matthew J. Primm , Assistant District Attorney, District 12, Pryor, Oklahoma for Respondent Jennifer Clinton in her official capacity as court clerk of Mayes County.

Angela Marsee , Assistant District Attorney, District 2, Arapaho, Oklahoma for Respondents Donna Howell, Staci Hunter, Sally Wayland, Jan Bailey, and Lynda Vermillion in their respective official capacities as court clerks of Beckham, Custer, Ellis, Roger Mills, and Washita County.

Kyle Cabelka , District Attorney, Lawton, Oklahoma for Respondents Robert Morales and Terry Kelley in their respective official capacities as court clerks of Comanche and Cotton County.

Tommy Humphries , Office of the District Attorney, El Reno, Oklahoma for Respondents Marie Hirst, Janelle Sharp, Christi Matli, Lisa Markus, and Deana Kilian in their respective official capacities as court clerks of Canadian, Garfield, Blaine, Kingfisher, and Grant County.

Brian T. Hermanson , Office of the District Attorney, Newkirk, Oklahoma for Respondents Marilee Thornton and Hillary Vorndran in their respective official capacities as court clerks of Kay and Noble County.

David R. Thomas , District Attorney, Altus, Oklahoma for Respondents Tina Swailes, Jeanna Scott, Kay Richards, Stacy Macias, and Kevin Stephens in their respective official capacities as court clerks of Jackson, Greer, Kiowa, Harmon, and Tillman County.

Charles B. "Chuck" Sullivan , District Attorney, District 18, McAlester, Oklahoma for Respondents Pamela Smith and Tina Oaks in their respective official capacities as court clerks of Pittsburg and Haskell County.

Todd M. Wagner , Assistant District Attorney, Claremore, Oklahoma for Respondents Cathy Edwards and Deborah Mason in their official respective capacities as court clerks of Rogers and Craig County.

James E. Tillison , Assistant District Attorney, Holdenville, Oklahoma for Respondent Ashley Sanford in her official capacity as Hughes County Court Clerk.


¶1 Petitioners filed this original proceeding objecting to two pieces of legislation passed by the Oklahoma legislature during the 2022 legislative session: S.B. 1503 and H.B. 4327. Both acts prohibit abortion after certain cutoff points while providing for a civil enforcement mechanism; both acts prohibit enforcement by the State, its...

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