CLINE v. OKLAHOMA COALITION

No. 111,939.

313 P.3d 253 (2013)

2013 OK 93

Terry CLINE, in his official capacity as Oklahoma Commissioner of Health, Lyle Kelsey, in his official capacity as Executive Director of the Oklahoma State Board of Medical Licensure and Supervision, Catherine V. Taylor, in her official capacity as the President of the Oklahoma State Board of Osteopathic Examiners, Petitioners, v. OKLAHOMA COALITION FOR REPRODUCTIVE JUSTICE, on behalf of itself and its Members and Nova Health Systems, d/b/a Reproductive Services, on behalf of itself, its staff, and its patients, Respondents.

Supreme Court of Oklahoma.

October 29, 2013.


Attorney(s) appearing for the Case

E. Scott Pruitt , Oklahoma Attorney General, Oklahoma City, Oklahoma, Attorney for Petitioners.

Patrick R. Wyrick , Solicitor General, Office of the Attorney General, Oklahoma City, Oklahoma, Attorney for Petitioners.

Anne E. Zachritz , Oklahoma City, Oklahoma, Attorney for Respondents.

Martha M. Hardwick , Hardwick Law Office, Pauls Valley, Oklahoma, Attorney for Respondents.

Michelle Movahed , Center for Reproductive Rights, New York, New York, Attorney for Respondents.

E. Joshua Rosenkranz & Eric A. Shumsky , Orrick, Herrington & Sutcliffe LLP, New York, New York, Attorneys for Respondents.

Randy Grau , Cheek & Falcone, PLLC, Oklahoma City, Oklahoma, Attorney for Amicus Curiae 83 Oklahoma Legislators and Americans United for Life Action.

Aaron Parks , Norman, Oklahoma, Attorney for Amicus Curiae Dr. Mary Martin, M.D., FACOG; Dr. Rita Sanders, D.O., FACOG; Dr. Pablo Pinzon, M.D., FACOG; and Dr. Michael Glass, M.D., FACOG.

Samuel B. Casey & Amy T. Pedagno , Jubilee Campaign-Law of Life Project, Fairfax, Virginia, Attorneys for Amicus Curiae Dr. Mary Martin, M.D., FACOG; Dr. Rita Sanders, D.O., FACOG; Dr. Pablo Pinzon, M.D., FACOG; and Dr. Michael Glass, M.D., FACOG.

Steven H. Aden , Alliance Defending Freedom, Washington, D.C., Of Counsel for Amicus Curiae Dr. Mary Martin, M.D., FACOG; Dr. Rita Sanders, D.O., FACOG; Dr. Pablo Pinzon, M.D., FACOG; and Dr. Michael Glass, M.D., FACOG.


PER CURIAM.

¶ 1 The Supreme Court of the United States certified two questions of Oklahoma law under the Revised Uniform Certification of Questions of Law Act, 20 O.S.2011 §§ 1601-1611:

Whether H.B. No.1970, Section 1, Chapter 216, O.S.L.2011 prohibits: (1) the use of misoprostol to induce abortions, including the use of misoprostol in conjunction with mifepristone according to a protocol approved by the Food and Drug Administration; and (2...

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