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DAVIS v. FIEKER

No. 88420.

952 P.2d 505 (1997)

1997 OK 156

Frank W. DAVIS, Larry Ferguson, Robert Worthen, Tim Pope, Dan Webb, Charles Gray, Charles Key, Joan Greenwood, Carolyn Coleman, Wayne Cozort, Leonard Sullivan, Grover Campbell, Wayne Pettigrew, Mike O'Neal, Jim Reese, Richard Phillips, John Smaligo, Mike Thornbrugh, Doug Miller, John Sullivan, Scott Adkins, Fred Perry, Odilia Dank, Sharon Golmoradi and Craig Evans, M.D., Appellants, v. Dan H. FIEKER, President of Oklahoma State Board of Health, Gordon H. Deckert, Vice President of the Oklahoma State Board of Health, Beth Anita Gordon, Glen Diacon, Jr., R. Brent Smith, Frank W. Merrick, John B. Carmichael, Jay A. Gregory, Walter Scott, Members of the Oklahoma State Board of Health, Jerry Nida, Commissioner of the Oklahoma State Board of Health and the Department of Health of the State of Oklahoma, Appellees.

Supreme Court of Oklahoma.

Opinion Supplementing Decision on Grant of Rehearing January 27, 1998.

Attorney(s) appearing for the Case

William D. (Bill) Graves, Oklahoma City, for Appellants.

Jack L. Atkinson, Suzanne W. Nichols, Oklahoma State Department of Health, Oklahoma City, for Appellees.

Dara Klassel, Legal Action for Reproductive Rights Planned Parenthood Federation of American, Inc., New York City, Linda G. Scoggins, Oklahoma City, Margaret A. Swimmer, William H. Hinkle, Tulsa, for amici curiae Planned Parenthood of Central Oklahoma, Inc., Planned Parenthood of Eastern Oklahoma and Western Arkansas, Inc., The Religious Coalition for Reproductive Choice, American Civil Liberties Union of Oklahoma, and Oklahoma National Abortion Rights Action League.

Michael L. Tinney, Oklahoma City, Mark D. Mitchell, John B. Davis, Metheny, Mitchell, Davis, & Klein, Steve Nash, Oklahoma City, for amici curiae, The Oklahoma Family Policy Council, The Oklahoma Christian Coalition, Eagle Forum, Concerned Women of America, and Oklahomans for Children and Families.

HODGES, Justice.

¶ 1 The principle issue in this case is whether the district court erred in finding that sections 1-731 and 1-737 of title 63 restricting abortions to certain facilities are unconstitutional. The other issue in this case is whether the trial court erred in dismissing individual members of the Oklahoma State Board of Health (Board) as defendants and denying the petition for writ of mandamus. We find that...

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