Oklahoma Supreme Court temporarily blocks law banning the dismemberment of living unborn children

By Dave Andrusko

Having failed to persuade the judge who upheld Oklahoma’s Unborn Child Protection from Dismemberment Abortion Act of 2015 to issue a temporary injunction, attorneys from the Center for Reproductive Rights had more luck yesterday with the Oklahoma Supreme Court.

In a 6-2 decision, the justices issued a preliminary injunction Monday , meaning that Oklahoma could not enforce House Bill 1721 while the state Supreme Court decides whether the law banning the dismemberment of living unborn babies is constitutional. According to court records, a date for oral arguments has yet to be scheduled.

Bans on this incredibly vicious abortion “technique” have been enacted in 12 states. Here is how NRLC’s Department of State Legislation describes what happens when a live unborn child is dismembered and why such a law is needed:

Dismemberment abortion is a brutal type of abortion with the purpose of causing the death of an unborn child, purposely to dismember a living unborn child and extract him or her one piece at a time from the uterus through use of clamps, grasping forceps, tongs, scissors or similar instruments that, through the convergence of two rigid levers, slice, crush, and /or grasp a portion of the unborn child’s body to cut or rip it off. The Unborn Child Protection from Dismemberment Abortion Act protects unborn children from the brutality of being torn apart limb by limb by dismemberment.

The Unborn Child Protection from Dismemberment Abortion Act passed the state House of Representatives, 84-2 and the state Senate 37-4 and was signed into law by pro-life Gov. Gov. Mary Fallin.

At the time, Oklahomans For Life State Chairman Tony Lauinger commended Gov. Fallin “for her quick action in signing into law the Unborn Child Protection from Dismemberment Abortion Act, which will prohibit this barbaric inhumanity in our state.”

Lauinger, who is NRLC’s executive vice president, added, “We appreciate, also, the exceptional leadership of Representatives Pam Peterson and Senator Josh Brecheen for spearheading the enactment of this landmark lifesaving legislation.”

On July 12, when Oklahoma County District Judge Cindy Truong upheld the law against a challenge by the Tulsa Women’s Reproductive Clinic, Oklahoma Attorney General Mike Hunter celebrated the victory.

“Dismemberment abortions are barbaric, brutal and subject unborn children to more cruelty that we allow for death row inmates,” he said. “It is unconscionable to think that we would allow this practice to continue. Judge Truong is to be commended for declaring this legislation constitutional. Today is a major victory for basic human decency in Oklahoma.”

In response, pro-abortionists denounced Truong’s “rouge decision.”