Reps Hamilton, Peterson File Amicus Brief in Abortion Drug Supreme Court Case

I thought you might enjoy seeing this. The only public statements I will make about this are the press release below and the brief itself. Feel free to discuss it yourselves, though.

 

Oklahoma House of Representatives

Media Division

October 9, 2012

FOR IMMEDIATE RELEASE:

Authored: State Rep. Rebecca Hamilton

Authored: State Rep. Pam Peterson

Contact: Jason Sutton

Capitol: (405) 557-7421

Reps. Hamilton, Peterson File Amicus Brief in Abortion Drug Supreme Court Case

OKLAHOMA CITY – Today, Oklahoma State Representatives Pam Peterson, Republican from Tulsa, and Rebecca Hamilton, Democrat from Oklahoma City, are filing a “friend-of-the-court” brief in the Oklahoma Supreme Court, in defense of House Bill 1970, which regulates the use of drugs that are prescribed to cause an abortion.

“H.B. 1970 is a reasonable legislative measure that is intended to ensure the health and safety of women seeking chemical abortions,” Rep. Hamilton explained.

The law was challenged by Oklahoma abortion providers and was struck down by a state district court judge on state constitutional grounds.

“The district court’s determination that the Oklahoma Constitution confers a right to abortion cannot be reconciled with the text, history or interpretation of the state constitution,” Rep. Peterson said. “From territorial days to the present, the State of Oklahoma has recognized and protected the rights of unborn children in criminal law, tort law, health care law and property law,” she added.

Although, because of the Supreme Court’s decision in Roe v. Wade (1973), abortion is legal in Oklahoma, the practice of abortion is subject to reasonable regulation like that provided by H.B. 1970. No federal constitutional claims were raised in the state court challenge. The case is Oklahoma Coalition for Reproductive Justice, et al., vs. Terry L. Cline, Oklahoma Commissioner of Health, et al., Docket No. 110765.

The legislators’ brief was drafted by Paul Benjamin Linton, Special Counsel for the Thomas More Society, a national public interest law firm.

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