Though they didn’t work and play well during this year’s legislative session, Republicans in the Oklahoma Legislature and Governor Kevin Stitt were united in their opposition to the Oklahoma Supreme Court’s ruling on two abortion laws last week.
Last Wednesday, the state’s high court – on a vote on 6-3 – ruled that that Senate Bill 1503 and House Bill 4327 were unconstitutional. The measures were passed by the Legislature and signed by Stitt in 2022.
Stitt said the state’s high court had “overinvolved itself’ in the state’s democratic process. “I again wholeheartedly disagree with the Oklahoma Supreme Court’s use of activism to create a right to an abortion in Oklahoma,” the governor said in a media statement. “(The court) has interceded to undo legislation created by the will of the people.”
Echoing Stitt, House Speaker Charles McCall (R-Atoka) said he disagreed with the ruling and was disappointed.
“However, Oklahomans can rest assured that House Republicans will continue to protect the lives of the unborn and pursue legislation that values all life,” McCall wrote.
Senate Pro Tempore Greg Treat (R-Oklahoma City) said the ruling would have little to no impact in Oklahoma.
“The ruling has no authority over Oklahoma’s criminal penalties for doctors who perform an abortion,” Treat said. “After the U.S. Supreme Court accurately ruled in 2022 there is no constitutional right to an abortion in the United States, it remains illegal to get an abortion in Oklahoma, unless it is to save the life of the mother.”
Treat also used the ruling to call for judicial reform. He has long advocated weakening the authority of the judicial branch of government.
“Thanks to the leadership of House and Senate Republicans, Oklahoma is one of the most pro-life states in the nation. Today’s ruling won’t change that, and we will continue to be a voice for the voiceless as we strive to protect the right to life in the State of Oklahoma,” Treat said. “The state Supreme Court continues to ignore precedent set by federal and state law and keeps making political decisions outside their authority.”
Democratic members of the Legislature and representatives of the organizations who brought the lawsuit praised the decision. Senate Minority Leader Kay Floyd (D-Oklahoma City) said GOP lawmakers were warned that their legislation “had constitutional issues and were given the opportunity to correct them.”
“They chose not to make those corrections,” Floyd said. “Disavowing the court now is equivalent to yelling at the umpire for a legitimate call at home plate.”
Floyd said it was important to “remember the Oklahoma Supreme Court is a separate branch of government with equal power to that of the Legislature. “The justices are responsible for protecting the Constitution, especially when the Legislature exceeds its bounds. Disputing their ruling undermines the foundation of our democracy,” she said.
House Democratic Leader Rep. Cindy Munson (D-Oklahoma City) said she was pleased by the court’s ruling, adding that the ruling “will keep healthcare decisions where they belong, between Oklahomans and their physicians.”
“Oklahomans value their right to make their own decisions when it comes to healthcare for themselves and their families,” Munson’s statement read. “As SB 1503 and HB 4327 advanced through the legislative process in 2022, House Democrats continually questioned their constitutionality. Today’s ruling is a reminder, for the supermajority in both chambers, that putting forth extremist legislation for partisan political points is a waste of taxpayer time and money.”
Nancy Northup, president and CEO of the Center for Reproductive Rights, said the abortion bans show a lack of concern and empathy for pregnant Oklahomans.
“These overlapping bans have created a public health crisis in the state — we know pregnant women have been turned away from hospitals and denied medically necessary abortions until they were near death,” Northup said.