The Oklahoma Supreme Court ruled on Wednesday that two state laws banning abortion are unconstitutional, but the procedure remains illegal in the state in nearly all cases except life-threatening situations.
In a 6-3 ruling, the high court said the two bans are unconstitutional because they require a “medical emergency” before a doctor can perform an abortion. The court said this language conflicts with a previous ruling it issued in March that determined the Oklahoma Constitution provides an “inherent right of a pregnant woman to terminate a pregnancy when necessary to preserve her life.”
The court's decision was welcomed by doctors who said uncertainty about the state's abortion laws often forced them to make women facing severe medical complications and nonviable pregnancies to wait for their condition to worsen before they could perform an abortion.
“In our practice we had cases where we would just have to tell women who we would normally offer a (pregnancy) termination to protect her health ... ‘We have to let you go home and monitor your condition and if you start showing signs of infection or worsening blood pressure, then come back and we have the ability to legally treat you,’” said Dana Stone, an Oklahoma City obstetrician and gynecologist. “Otherwise, we're at risk with these laws of going to jail for 10 years, having hundreds of thousands of dollars in fines and losing our medical licenses.”
Despite the court's March decision that the requirement to wait until an active medical emergency violated the state constitution, there remained uncertainty because of the two laws that remained in effect.
“With their decision today, the court has ensured that the March decision will be fully realized,” said Rabia Muqaddam, a senior staff attorney at the New York-based Center for Reproductive Rights, which challenged the laws on behalf of a Tulsa abortion provider. “Hopefully patients will be receiving the medically necessary care they need without waiting until they are on death's door.”
The laws struck down Wednesday both included a civil-enforcement mechanism that allowed citizens to sue someone who either performed or helped someone perform an abortion.
“Despite the court’s decisions today on SB 1603 and HB 4327, Oklahoma’s 1910 law prohibiting abortion remains in place," Oklahoma Attorney General Gentner Drummond said in a statement. "Except for certain circumstances outlined in that statute, abortion is still unlawful in the state of Oklahoma.”
Oklahoma's 1910 law makes it a felony crime punishable by up to five years in prison for anyone to perform an abortion or help a woman obtain an abortion unless it is “necessary to preserve her life.”
The court's decision was decried by Republican leaders and Gov. Kevin Stitt, who have worked for years to tightly restrict abortion access in Oklahoma.
“This court has once more over-involved itself in the state’s democratic process, and has interceded to undo legislation created by the will of the people," Stitt said in a statement. "I agree with Justice (Dustin) Rowe’s dissent, ‘The issues presented in this matter are political questions, which are better resolved by the people via our democratic process.’”
After the Chicago teachers union voted to work remotely due to what they say is a lack of safety protocols amid the COVID-19 surge, the school system canceled classes on Wednesday, citing harm that remote learning has done to the city's children. Randi Weingarten, president of the American Federation of Teachers, joined Cheddar to discuss the issues surrounding the latest dispute between educators and schools. She said that the return to in-person learning would likely be halted until more COVID tests could be provided for districts. "This is a terrible situation for everybody, and we need the testing, and we need the masks," she said. "It's the omicron surge that has created this disruption, and we are trying to do the best we can. And this is the only school district that has this kind of action right now." The teachers might not be returning to their schools for at least two weeks amid the ongoing tensions.
Illinois State Senator Robert Martwick joins Cheddar News to discuss the new bill he co-sponsored allowing students in the state to take 5 mental health days without a doctor's note.
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Former Brooklyn Borough President Eric Adams was sworn in as the newest Mayor of New York City. Adams is now expected to work on a number of issues such as crime and coronavirus. Erin Durkin,, reporter at PoliticoNY, joins Cheddar News to discuss more.
California's new composting law will affect what residents do in their kitchens. As of this week, Californians will have to recycle excess food in an effort to reduce emissions caused by food waste. Cities and counties will turn recycled food into compost or use it as a renewable energy source. California's new law is the largest mandatory residential food waste recycling program in the country. Rachel Wagoner, Director of the California Department of Resources, Recycling and Recovery called the law 'the biggest change to trash' since recycling started in the 1980s. She joined Cheddar Climate to discuss.
As the U.S. comes up on the first anniversary of the January 6 insurrection.,A.C. Thompson, investigative reporter at ProPublica, joined Cheddar's Baker Machado to discuss updates to American Insurrection by FRONTLINE, ProPublica and Berkeley Journalism’s Investigative Reporting Program. The documentary investigates the attack on the Capitol touched off by the lie that the presidential election was stolen from Donald Trump but with new information gleaned since the event including interviews with lawmakers and law enforcement and the evolution of groups like the Boogaloo Boys and the Proud Boys behind the attack. "In some ways those groups that were kind of the vanguard of January 6 are maybe no longer relevant because their message is everywhere," he said.
