Special Counsel Paul Linton, Esq. Authors Brief Opposing State Constitutional Challenge

Contact: Tom Ciesielka, 312-422-1333, tc@tcpr.net

OKLAHOMA CITY, Okla., Oct. 9, 2012 /Christian Newswire/ -- Today, Tuesday, October 9, 2012, Oklahoma State Representatives Pam Peterson, Republican from Tulsa, and Rebecca Hamilton, Democrat from Oklahoma City, filed a "friend-of-the-court" brief in the Oklahoma Supreme Court, in defense of House Bill 1970, which regulates the use of drugs that are prescribed to cause an abortion. "H.B. 1970 is a reasonable legislative measure that is intended to ensure the health and safety of women seeking chemical abortions," Rep. Hamilton explained. The law was challenged by Oklahoma abortion providers and was struck down by a state district court judge on state constitutional grounds. "The district court's determination that the Oklahoma Constitution confers a right to abortion cannot be reconciled with the text, history or interpretation of the state constitution," Rep. Peterson said. "From territorial days to the present, the State of Oklahoma has recognized and protected the rights of unborn children in criminal law, tort law, health care law and property law," she added.

Although, because of the Supreme Court's decision in Roe v. Wade (1973), abortion is legal in Oklahoma, the practice of abortion is subject to reasonable regulation like that provided by H.B. 1970. No federal constitutional claims were raised in the state court challenge. The case is entitled, Oklahoma Coalition for Reproductive Justice, et al., vs. Terry L. Cline, Oklahoma Commissioner of Health, et al., Docket No. 110765.

The legislators' brief was drafted by Paul Benjamin Linton, Esq., Special Counsel for the Thomas More Society, a national public interest law firm based in Chicago. Linton is recognized as the nation's preeminent authority on the subject of state regulation of abortion rights, as the author of Abortion Under State Constitutions (2d ed. 2012) -- a book that won praise from Notre Dame Law Professor Richard Garnett as "a must-have tool for all engaged in this ... important challenging work in the legislatures and courtrooms of the several states." A copy of Linton's amicus curiae brief for the Oklahoma legislators may be viewed here.

About the Thomas More Society
The Thomas More Society is a national not-for-profit law firm that exists to restore respect in law for life, marriage, and religious liberty. Headquartered in Chicago, they foster support for these causes by providing high quality pro-bono professional legal services to clients across the nation. Some of their clients include leading pro-life and pro-family organizations such as National 40 Days for Life, Lila Rose and Live Action, Catholic Bishops, religious orders, priests, nuns, pregnancy crisis centers, Joe, Ann, and Eric Scheidler’s Pro-Life Action League, homeschoolers, elected officials, and many others. For more information or to support the work of Thomas More Society, please visit www.thomasmoresociety.org.