Issue: (1) Whether the Oklahoma Supreme Court erred in declaring the Oklahoma Ultrasound Act, which requires the performance, display, and explanation of a pre-abortion ultrasound, to be facially unconstitutional under Planned Parenthood of Southeastern Pennsylvania v. Casey in light of this Court’s ruling that informational requirements further "the State’s legitimate interest of reducing the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed;" (2) whether the Oklahoma Supreme Court erred in interpreting Casey as prohibiting informed consent laws requiring the performance, display and explanation of pre-abortion ultrasounds – an interpretation that directly conflicts with that of the Fifth Circuit in Texas Medical Providers Providing Abortion Services v. Lakey and the interpretation of Casey in the Eighth Circuit’s recent decisions reviewing other informed consent requirements; and (3) whether Casey requires state courts to presume all state regulations of abortion are unconstitutional under federal law, absent controlling authority from this Court.
Proceedings and Orders
Feb 22 2013
Application (12A832) to extend the time to file a petition for a writ of certiorari from March 4, 2013 to March 25, 2013, submitted to Justice Sotomayor.
Feb 25 2013
Application (12A832) granted by Justice Sotomayor extending the time to file until March 25, 2013.
On Monday at 9:30 a.m. we expect orders from the April 24 Conference. We expect one or more opinions in argued cases at 10 a.m. on Wednesday. We will be live-blogging beginning at 9:45.
This is the second week of the April sitting. On Tuesday the Court will hear oral argument in Obergefell v. Hodges, which is consolidated with three other cases, on the questions of whether the Fourteenth Amendment requires that states grant and/or recognize same-sex marriages. We will be live-blogging updates from the oral argument beginning at 11 a.m.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.