Appeals court supports state abortion notification laws
DENVER -- Two separate rulings of the 10th U.S. Circuit Court of Appeals on Wednesday went against a Tulsa abortion provider challenging two Oklahoma laws dealing with parental notification before a minor can undergo an abortion.
A two-judge panel denied Nova Health Systems' request to bar the Oklahoma attorney general and the Tulsa County district attorney from enforcing a law signed May 20 by Gov. Brad Henry requiring parental notification at least 48 hours before a minor receives an abortion.
In the other decision, another 10th Circuit panel once again set aside a lower court's decision that had struck down a 2001 Oklahoma abortion law that makes abortion providers liable for medical costs resulting from abortions performed on minors without parental knowledge or consent.
Bebe Anderson, a lawyer for Nova, which operates under the name Reproductive Services, said the clinic will consider whether to try again to overturn the liability law.
In the case of the new 48-hour notification law, Nova wanted the 10th Circuit to delay implementation of the law pending the outcome of an appeal.
U.S. Senior District Judge H. Dale Cook in Tulsa had upheld the law May 27 in a lawsuit Nova filed minutes after Henry signed the legislation into law. Cook ruled the law complies with requirements specified by the U.S. Supreme Court.
Nova appealed that ruling and asked that the law not be enforced until its appeal was settled. Cook refused June 10 to grant the injunction, and Nova appealed that issue to the 10th Circuit.
The two appellate judges Wednesday, in denying Nova's request for an injunction, said they reached that decision "in light of our determination that the provision is likely to withstand constitutional scrutiny."
In the case of the 2001 abortion liability law, the 10th Circuit ruled 2-1 that a 2002 decision by U.S. District Judge Claire Eagan in Tulsa striking down the law cannot stand.
The appellate judges said Nova did not have the legal right to sue the defendants it chose to challenge the law.
Anderson said Nova might select a different defendant, such as the state of Oklahoma, if the clinic decides to sue again.
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Posted by Editor at July 22, 2005 09:28 AM
