Cline v. Oklahoma Coalition for Reproductive Justice

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-1094	Ok.	Not Argued	Nov 4, 2013	TBD	Per Curiam	OT 2013

Issue: Whether the Oklahoma Supreme Court erred in holding – without analysis or discussion – that the Oklahoma law requiring that abortion-inducing drugs be administered according to the protocol described on the drugs’ FDA-approved labels is facially unconstitutional under Planned Parenthood v. Casey. Pursuant to the Revised Uniform Certification of Questions of Law Act, Okla. Stat., Tit. 20, §1601 et seq. (West 2002), respectfully certifies to the Supreme Court of Oklahoma the following question: Whether H.B. No. 1970, Section 1, Chapter 216, O.S.L. 2011 prohibits: (1) the use of misoprostol to induce abortions, including the use of misoprostol in conjunction with mifepristone according to a protocol approved by the Food and Drug Administration; and (2) the use of methotrexate to treat ectopic pregnancies. Further proceedings in this case are reserved pending receipt of a response from the Supreme Court of Oklahoma.

Judgment: Dismissed as improvidently granted. in a per curiam opinion on November 4, 2013.

SCOTUSblog Coverage

Court won't rule on RU-486 abortions (Lyle Denniston)
New conflict on RU-486 abortions (Lyle Denniston)
Oklahoma anti-abortion law explained (Lyle Denniston)
Cline symposium: Another correction of the abortion distortion coming? (Casey Mattox)
Cline symposium: Oklahoma law could force doctors to provide substandard medical care to women using medications to end a pregnancy (Jennifer Blasdell and Nancy Stanwood)
Cline symposium: Do the right thing (Louise Melling)
Cline symposium: Abortion, states' medical authority, and the "undue burden" test (Helen Alvare)
Cline symposium: What justifies bad medicine? (Priscilla Smith)
Cline v. Oklahoma Coalition for Reproductive Justice: Once more unto the breach (O. Carter Snead)
Symposium announcement: Cline v. Oklahoma Coalition for Reproductive Justice (Kali Borkoski)
New test on abortion rights (Lyle Denniston)
Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Mar 4 2013	Petition for a writ of certiorari filed. (Response due April 8, 2013)
Mar 26 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Apr 1 2013	Waiver of right of respondents Oklahoma Coalition for Reproductive Justice, et al. to respond filed.
Apr 5 2013	Brief amici curiae of Women and Families Hurt by RU-486 filed.
Apr 8 2013	Brief amici curiae of Family Research Council, and Alliance Defending Freedom filed.
Apr 8 2013	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.
Apr 8 2013	Brief amicus curiae of Dr. John Thorp, M.D., et al. filed.
Apr 8 2013	Brief amici curiae of 79 Oklahoma Legislators filed.
Apr 16 2013	DISTRIBUTED for Conference of May 9, 2013.
Apr 22 2013	Response Requested . (Due May 22, 2013)
May 16 2013	Order extending time to file response to petition to and including May 28, 2013.
May 28 2013	Brief of respondents Oklahoma Coalition for Reproductive Justice, et al. in opposition filed.
Jun 3 2013	Reply of petitioners Terry Cline, et al. filed. (Distributed)
Jun 4 2013	DISTRIBUTED for Conference of June 20, 2013.
Jun 25 2013	DISTRIBUTED for Conference of June 26, 2013.
Jun 27 2013	Petition GRANTED. This Court, pursuant to the Revised Uniform Certification of Questions of Law Act, Okla. Stat., Tit. 20 Sec. 1601 et seq. (West 2002) respectfully certifies to the Supreme Court of Oklahoma the following question: Whether H. B. No. 1970, Section 1, Chapter 216, O.S.L. 2011 prohibits: (1) the use of misoprostol to induce abortions, including the use of misoprostol in conjunction with mifepristone according to a protocol approved by the Food and Drug Administration; and (2) the use of methotrexate to treat eptopic pregnancies. Further proceedings in this case are reserved pending receipt of a response from the Supreme Court of Oklahoma.
Oct 29 2013	Answer to certified questions filed.
Nov 4 2013	Writ of certiorari DISMISSED as improvidently granted.
Dec 6 2013	MANDATE ISSUED.

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Cline v. Oklahoma Coalition for Reproductive Justice

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Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York – Amanda Frost

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