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Oklahoma Supreme Court rules partial ‘right to abortion’ enshrined in state constitution

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Oklahoma Supreme Court rules partial ‘right to abortion’ enshrined in state constitution


The Oklahoma state Supreme Court docket decided on Tuesday {that a} “partial proper to abortion” is enshrined in its state structure in relation to saving the lifetime of the mom.

The case in query was introduced collectively by abortion suppliers and reproductive rights teams and challenged state legal guidelines that have been accredited after the overturning of Roe v. Wade by the U.S. Supreme Court docket final summer time. The U.S. Supreme Court docket returned the subject of abortion again to the person states.

IDAHO HOSPITAL TERMINATING LABOR AND DELIVERY SERVICES DUE TO POLITICAL CLIMATE

Protestors participate in a “die in” Friday, June 24, 2022, in Norman, Okla., following the Supreme Court docket’s resolution to overturn Roe v. Wade. The Supreme Court docket has ended constitutional protections for abortion that had been in place practically 50 years in a call by its conservative majority to overturn Roe v. Wade.

(AP Photograph/Sue Ogrocki)

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The state Supreme Court docket, in a 5-4 ruling, struck down a legislation that stated a girl may solely have an abortion if the mom’s life was already at risk due to a present medical emergency.

The 5 justices that made up the bulk pointed to the constitutional provision that reads: “All individuals have the inherent proper to life, liberty, the pursuit of happiness, and the enjoyment of the beneficial properties of their very own trade,” claiming the supply “stands as the idea for safeguarding a girl’s proper to terminate a being pregnant with the intention to save her life.”

With regards to an inherent proper to life, the justices outlined it as: “A girl has an inherent proper to decide on to terminate her being pregnant if at any level within the being pregnant, the lady’s doctor has decided to an inexpensive diploma of medical certainty or chance that the continuation of the being pregnant will endanger the lady’s life as a result of being pregnant itself or resulting from a medical situation that the lady is both at present affected by or prone to endure from through the being pregnant.”

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The justices added that “absolute certainty” of the demise of the mom is just not obligatory, but it surely must be greater than a “mere risk or hypothesis.”

Justices Yvonne Kauger, James R. Winchester, James E. Edmondson, Douglas L. Combs, and Noma Gurich made up the bulk, whereas Chief Justice John Kane IV and Vice Chief Justice Dustin P. Rowe led the dissent, together with Justices Richard Darby and Dana Kuehn, in line with the Oklahoman.

The dissenting opinion stated that there was no legislation within the state structure that particularly associated to abortion.

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“There isn’t a expressed or implied proper to abortion enshrined within the Oklahoma Structure,” Kane wrote within the dissent. “In deciphering our Structure, this court docket should guard in opposition to the innate human temptation to confuse what’s offered within the Oklahoma Structure with what one needs have been offered.”

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4 of the bulk have been appointed by a Democratic governor, whereas all 4 of the dissenters have been appointed by Republican governors. Winchester was the one Republican appointee to aspect with the bulk.





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Oklahoma

Oklahoma governor says he wants to deport undocumented immigrants in state prisons

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Oklahoma governor says he wants to deport undocumented immigrants in state prisons


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Gov. Kevin Stitt says Oklahoma will have a plan to deport undocumented immigrants in the custody of state prisons as soon as President-elect Donald Trump takes office.

Saying he didn’t want the state to pay for what he described as the costs of the Biden administration’s open border policy, the Republican governor said he would seek to “expel those serving time in Oklahoma correctional facilities who are in the country illegally.”

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Stitt made the announcement in a news release issued Friday, saying he was tapping Public Safety Commissioner Tim Tipton to lead the planning efforts.

“As law and order returns to the White House, Oklahoma will lead the charge with a comprehensive plan to deport those who have committed crimes in Oklahoma while in the country illegally,” Stitt said in the announcement.

“I am still committed to finding ways to pursue state-based workforce visas for those who want to pursue the American dream, but we will not tolerate criminal activity in our state,” the governor said.

Stitt’s announcement said the deportation plans could affect as many as 526 people being housed in Oklahoma Department of Corrections facilities.

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The plans quickly attracted criticism and questions.

Rep. Mickey Dollens, D-Oklahoma City, acknowledged that paying to keep undocumented immigrants in state custody could be problematic, but stopped short of supporting Stitt’s plan. “It’s difficult to say I support the governor’s overall idea (and plan) based on a lack of details on how it would be implemented,” he said.

Stitt said he believes Oklahoma’s efforts could serve as a model for other states. But courts have rejected past attempts by Oklahoma officials to address federal immigration issues.

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Oklahoma anti-immigration law HB 4156 has faced legal challenges

This year, state lawmakers passed House Bill 4156, a far-reaching measure that aimed to create a state system to regulate immigration.

The bill, which was signed into law by Stitt, makes the first offense for being undocumented in Oklahoma a misdemeanor with jail time of up to a year, or a fine of $500, or both. The second offense would be a felony. The bill would prohibit the ability of the courts or prosecutors to consider probation, delayed or community sentencing, or a future pathway to citizenship. People convicted under the law would have three days after release to leave the state.

That measure, however, was challenged in May by the U.S. Justice Department, which said the bill was an attempt to preempt federal law.

“Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent,” Brian M. Boynton, head of the Justice Department’s Civil Division said. “We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration.”

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A short time later, a federal district court judge issued a court order that prohibited the state from enforcing the bill.

The ruling sparked an appeal by Oklahoma Attorney General Gentner Drummond. Drummond said the law was “a powerful tool to counter criminal activity largely being fueled by illegal immigrants coming to our state.”

In September, Drummond asked the U.S. Tenth Circuit Court of Appeals in Denver to reverse a lower court’s preliminary injunction that put the law on hold. The measure creates a crime of “impermissible occupation” and allows law enforcement officers to arrest and jail people living in the United States without legal permission.

“Rather, HB 4156 mirrors federal law by design,” the attorney general’s office said in its brief. “Without a valid cause of action, the United States relied on speculation about how HB 4156 would be implemented, spurious conclusions about the law’s underpinnings, and fundamental misconceptions about a state’s sovereign rights and duties in a federalist system of government.”

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Prior to HB 4156, state lawmakers passed House Bill 1804, authored by then-state Rep. Randy Terrill in 2007. That bill eventually had most of its components overturned by a federal judge.

(This is a developing story.)



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New Senate leader Lonnie Paxton shares his priorities for Oklahoma lawmakers in 2025

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New Senate leader Lonnie Paxton shares his priorities for Oklahoma lawmakers in 2025


Senate Pro Tem Designee Lonnie Paxton says his priorities are now those of his entire caucus, and during his first press conference with reporters as the chamber’s new leader, he talked about how he plans to move forward with a new crop of senators.



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Oklahoma purchases over 500 Bibles for classrooms • Oklahoma Voice

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Oklahoma purchases over 500 Bibles for classrooms • Oklahoma Voice


OKLAHOMA CITY — The Oklahoma State Department of Education has purchased more than 500 Bibles to place in Advanced Placement government classrooms, the agency announced Thursday.

Agency spokesperson Dan Isett said the cost was $25,000.

The purchase is separate from a larger solicitation for bids to buy more Bibles, as well as copies of the Declaration of Independence, the Bill of Rights and the U.S. Constitution, according to the announcement.

State Superintendent Ryan Walters said the Bibles are intended to serve as an academic and literary resource. He said he aims to place a Bible in every classroom in the state.

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“I will take every step possible to ensure Oklahoma students have the resources they need to fully understand American history,” Walters said in a statement. “By acting now, Oklahoma is leading the country on a path toward greater focus on academic excellence by providing critical historical, cultural, and literary context for our students.”

The Education Department previously issued a request for proposals with the goal of buying 55,000 Bibles, along with America’s founding documents. The agency canceled the solicitation but intends to issue a new request for proposals, Oklahoma Watch reported.

Editor’s note: This story has been updated to include information the Education Department provided after publication about the $25,000 cost of the Bibles.

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