Categorized | Legal News

OK Supreme Court finds abortion drug law constitutional, remands for further review

The Oklahoma Supreme Court has found a statute limiting the use of certain abortion-inducing drugs to be constitutional, sending the case back to an Oklahoma County District Court judge to review on other grounds.

The measure, adopted by the Oklahoma Legislature and signed into law by Governor Mary Fallin in 2014, does not violate provisions of the constitution that prohibit special laws and the delegation of legislative authority, the court said.

The law prohibits off-label use of abortion-inducing drugs by requiring doctors to administer them only in accordance with U.S. Food and Drug Administration protocols. Last year, a judge in Oklahoma County found the law unconstitutional, but the high court overturned that decision Tuesday.

Abortion rights groups, including the Oklahoma Coalition for Reproductive Justice, argued that the law limited women’s rights to terminate pregnancies.

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