Federal Judge Rules Certain Elective Abortions Can Continue During Oklahoma's Temporary Ban

Oklahoma Attorney General
Mike Hunter

Continuing the trend of federal judges canceling states' temporary elective abortion bans created to fight COVID-19, Judge Charles B. Goodwin ruled that certain elective abortions could continue in Oklahoma despite an executive order temporarily prohibiting elective surgeries.

Goodwin ordered April 8 that the temporary ban on elective surgical abortions “may not be enforced with respect to any patient who will lose her right to lawfully obtain an abortion in Oklahoma.” Additionally, he wrote that the prohibition “on medication abortions may not be enforced.” The court clarified its decision by saying, “while the current public health emergency allows the State of Oklahoma to impose some of the cited measures delaying abortion procedures, it has acted in an ‘unreasonable,’ ‘arbitrary,’ and ‘oppressive’ way – and imposed an ‘undue burden’ on abortion access – in imposing requirements that effectively deny a right of access to abortion.”

Women whose pregnancies will go past the 20-week gestation abortion limit during the temporary ban will be allowed to have abortions through the duration of the ban, which ends April 30.

Oklahoma Attorney General Mike Hunter said his office plans to appeal the decision to the 10th Circuit Court of Appeals.

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