Here is the issue presented to the court:
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.
For Texas, the issue is whether the ban on the procedure can be put in place while the challenge works its ways through the courts:
. . . a group of women’s health clinics and doctors in Texas asked that the Court block at least temporarily a new Texas law that forbids doctors to perform abortions at a clinic unless those physicians have professional privileges at a hospital within thirty miles of that site. The Fifth Circuit Court on Thursday allowed that requirement to go into effect, resulting in closing a number of abortion clinics across the state. The application to set aside that order was filed initially with Justice Antonin Scalia, who is the Circuit Justice for the geographic area that includes Texas. He has the authority to decide the issue himself, or share it with his colleagues.
The application is Planned Parenthood of Greater Texas Surgical Health Services v. Abbott (13A452). Justice Scalia immediately asked for the state to respond by 4 p.m. on Tuesday, November 12. The new Texas law also involved a broad restriction on doctors’ option of performing medical abortions with the drug RU-486 and other medications, and that, too, has been allowed to take effect at least in part. The abortion providers’ request to the Supreme Court on Monday, however, did not ask the Justices to take any action on that provision.
