Oklahoma abortion law: interview with Christie Breedlove
I wrote about the appalling Oklahoma abortion law here; my friend Bryan has a fascinating interview with Christie Breedlove on the subject. A couple of pieces of good news follow after the interview.
Firstly, the attorney-general of Okla. has, with the consent of both parties in litigation over the bill, delayed the coming into force of HB2780 by forty-five days.
Secondly, the Center for Reproductive Rights is challenging the constitutionality of HB2780. Evidently, a similar provision was struck down last year after two years in the courts. The only problem I have with the legal challenge is the provision under which it falls (and I recognise that this is a question of legal expediency):
The Center argues that the ultrasound requirement profoundly intrudes upon a patient’s privacy and is the most extreme ultrasound law in the country.
I don’t think it’s so much as invasion of privacy as an invasion of body: making access to one’s rights dependent on having a vaginal ultrasound is tantamount to rape.
xD.
May 4th, 2010 at 3:30 pm
Thanks for posting these!
You’re right about the ultrasound being tantamount to rape, and you’re right that CRR’s challenge is a legal expedient.
In the comments on the video, one person said there should be no restrictions on a woman’s right to choose, so why bring up the fact that there is no provision for rape or incest?
That’s how these laws get stuck down– on smaller points, not on big constitutional points. The earlier bill mentioned by Christie was struck down because it violated our “single issue” rule (a bill can only address a single issue). It’s a technicality, but it is a cost-effective way to challenge.
The plaintiffs in the lawsuits have limited resources. They don’t want this to go to the Supreme Court to be decided on a constitutional question. They want it to be struck down in the lower courts.
Besides, in American law, if challenges to rules and state statutes aren’t taken on first, the courts won’t look at the constitutional issue. You have to start at the basement and work your way up to the penthouse.