Activist judge rules against ultrasound law
An Oklahoma City activist judge has overturned a 2008 state law requiring a woman to undergo an ultrasound before receiving an abortion.
State Sen. Randy Brogdon blasted the ruling by Oklahoma County District Court Judge Vicki Robertson.
“This kind of judicial activism undermines representative form of government,” Brogdon said.
“The people of this state elected us to write laws and create public policy on their behalf.
“Despite this lower court decision, I am completely confident that the legislation we approved in 2008 is constitutional.”
The bill began as separate pieces of legislation, all of which dealt with abortion. The measures were ultimately combined into Senate Bill 1878, which was approved in both chambers with bi-partisan support.
Brogdon first authored similar legislation in 2006. Last October, Nova Health Systems challenged the section of the law requiring a doctor or medical technicians to do an ultrasound before the procedure and describe the image to the woman.
“The district court ruling claimed the bill violated the one-subject rule of the constitution, but clearly each of the provisions dealt with the same subject,” Brogdon said.
“I am deeply disappointed with this ruling, and strongly disagree with the judge’s conclusion.
“The court ruling that overthrew pro-life legislation is disappointing to say the least, but I am confident the Legislature will work to find a solution to protect such an important issue as the sanctity of life.
“I firmly believe this legislation was in compliance with Oklahoma’s constitution, as it dealt with one subject - protecting life of the unborn. The bipartisan support behind this issue cannot be ignored and ultimately, I believe given the opportunity the constitutionality of this act will be upheld.”
Oklahoma Attorney General Drew Edmondson said his office will appeal the ruling to the Oklahoma Supreme Court.
Robertson’s view is that the bill that created the law was unconstitutional because it covered more than one subject. Senate Bill 1878 covered posting of signs in clinics, use of the abortion pill RU-486 and lawsuits.
Reproductive Services of Tulsa, an abortion clinic, sued to overturn the law. More than 200 women seek abortions at that clinic every month
The Center for Reproductive Rights in New York represented the clinic.
Gov. Brad Henry, who is pro-abortion, had vetoed the bill, but the Legislature overrode his veto.
“This is emphatically not a setback for pro-life issues in our state,” said State Sen. Todd Lamb, R-Edmond, author of the legislation.
“Although I may have been the principal author of this legislation, the bill received bipartisan support not only on its final passage but also on the veto override. I thank my colleagues on both sides of the aisle for their support and I want them to know I am committed to finding a solution to this ruling.
“The pro-life legislation was struck down based on the single subject rule, yet so much legislation that we pass in the Legislature deals with multiple provisions and multiple sections just as this bill did. I believe this bill complied with the one subject rule and is indeed constitutional.”