i as oe aT THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA FILED IN DISTRICT COURT OKLAHOMA CALL FOR REPRODUCTIVE OKLAHOMA COUNTY JUSTICE, on behalf of itself and its members; TULSA WOMEN’S REPRODUCTIVE CLINIC, SEP -2 2021 LLC, on behalf of itself, its physicians, its staff, and ‘WARREN its patients; ALAN BRAID, M.D.,on_ behalf of RG Gat ateke himself and his patients; | COMPREHENSIVE 112. HEALTH OF PLANNED PARENTHOOD GREAT. PLAINS, INC., on behalf of itself, its physicians, its staff, and its patients; and PLANNED CASENO. PARENTHOOD OF ARKANSAS & EASTERN OKLAHOMA, on behalf of itself, its physicians, its staff, and its patients, Plaintiffs, JOHN O'CONNOR, in his official capacity as CV - 2021 -20 72 ‘ Attomey General for the State of Oklahoma; DAVID PRATER, in his official capacity as District Attomey for Oklahoma County; STEVE KUNZWEILER, in his official capacity as District Attomey for Tulsa County; LYLE KELSEY, in his official capacity as Executive Director of the Oklahoma State Board of Medical Licensure and Supervision; KATIE TEMPLETON, in her official capacity as President of the Oklahoma State Board of Osteopathic Examiners; LANCE FRYE, in his official capacity as the Commissioner of the Oklahoma State Board of Health; and JUSTIN WILSON, in his official capacity as the President of the Oklahoma State Board of Pharmacy; as well as their employees, agents, and successors, Defendants. PLAINTIFFS’ MOTION FOR A TEMPORARY INJUNCTION AND FOR EXPEDITED BRIEFING AND HEARING Pursuant to 12 O.S. § 1382, Plaintiffs Oklahoma Call for Reproductive Justice; Tulsa Women’s Reproductive Clinic, LLC; Alan Braid, M.D.; Comprehensive Health of PlannedParenthood Great Plains, Inc.; and Planned Parenthood of Arkansas & Eastem Oklahoma hereby move this Court fora temporary injunction restraining Defendants, their employees, agents, and successors, and all others acting in concert or participation with them, from enforcing House Bill 1102, 2021 Okla. Sess. Law Serv. Ch. 205, House Bill 2441, 2021 Okla. Sess. Law Serv. Ch. 219, Oklahoma House Bill 1904, 2021 Okla. ss. Law Serv. Ch. 211, Senate Bill 778, 2021 Okla. Sess. Law Serv. Ch. 577, and Senate Bill 779, 2021 Okla. Sess. Law Serv. Ch. $78 (collectively, the “Challenged Laws” attached as Exhibits A-E to the Verified Petition), To aid in Teaching a decision on the motion before the Challenged Laws take effect on November 1, 2021, Plaintifs also move for expedited briefing and hearing. This motion is based upon the Verified Petition filed in this case with exhibits; the memorandum of law filed herewith; and the affidavits of Priya Desai (Exhibit 1), Dr. Alan Braid (Exhibit 2), Dr. Joshua Yap (Exhibit 3), Dr. Ushma Upadhyay (Exhibit 4), and Dr. Joey Banks (Exhibit 5), attached thereto. Asmore fully explained in theaccompanying memorandum of law, a temporary injunction is warranted because: (1) Plaintiffs are likely to succeed on the merits of their claims that the Challenged Laws violate Plaintiffs’, their patients’, and their members’ constitutional rights; (2) Plaintiffs and the Oklahomans they represent will suffer irreparable harm if the Challenged Laws take effect; (3) the balance of equities tips in favor in favor of Plaintiffs and the Oklahomans they represent; and (4) the public interest will be served by an injunction. Edwards v. Bd, of Comm'rs of Canadian Cry., 2015 OK 58, § 12, 378 P.3d 54, 59. H.B. 1102 bans abortion entirely by defining the provision of abortion as unprofessional conduct by physicians. H.B.2441 bans abortion at approximately 6 weeks as dated from a person's last menstrual period (“LMP”) based on the detection of cardiac activity. H.B. 1904 arbitrarilybars many providers in Oklahoma from providing care because they happen to not be board- certified in obstetrics and gynecology but are board-certified in family medicine or other specialties. S.B. 778 and S.B. 779 set forth extensive schemes of restrictions on medication abortion. First, Plaintiffs are likely to succeed on their claim that each of the Challenged Laws violates Oklahomans’ right to choose tohave an abortion prior to viability. Okla. Coal. for Reprod. Just. v. Cline, 2019 OK 33, 43, 441 P.3d 1145, 1161. The Challenged Laws each either prohibit or severely restrict access to abortion in Oklahoma in violation of the Oklahoma Constitution. See id, S.B. 778 and S.B. 779 also violate the Oklahoma Constitution’s single subject rule because they include many disparate elements, delegate authority to multiple agencies, and include some elements already declared unconstitutional by the Oklahoma Supreme Court and/or the United States Supreme Court, See Burns v. Cline, 2016 OK 121,419, 387 P.3d 348, 354. The Challenged Laws are also unconstitutional because they were enacted for the improper purpose of decimating abortion access in Oklahoma. See Jane L. v. Bangerter, 102 F.3d 1112, 1114, 1117-18 (10th Cir. 1996). Second, if the Challenged Laws take effect, Plaintiffs and the Oklahomans they represent will suffer irreparable harm because abortion access will be eliminated or dramatically reduced— Oklahomans seeking abortion will be outright denied their right to abortion and forced to carry unwanted pregnancies to term or delayed in accessing care, forcing them into later, more complex, and/or more expensive abortions and subjecting some to increased risk, among other harms. The violation of constitutional rights is per se irreparable harm, See Elrod v. Burns, 427 U.S.347, 373 (1976). In contrast, Defendants will suffer little or no harm if the Challenged Laws are enjoined.Third, given the irreparable harm threatened to Oklahomans seeking abortion care, the balance of equities swings decidedly in favor of Plaintiffs. A temporary injunction will merely preserve the pre-trial status quo as the case proceeds on the merits. Okla. Pub. Emps. Ass'n, 2014 OK 48, 415, 330 P.3d at 504. Fourth, granting an injunction would be in the public's interest because it is always in the public interest to prevent the violation of a party's constitutional rights. Am. Civil Liberties Union v. Johnson, 194 F.3d 1149, 1163 (10th Cir, 1999), Plaintiffs further request thata bond be waived should the Court grant temporary injun relief, given the important constitutional rights Plaintiffs assert and the lack of any harm to Defendants from temporarily enjoining the Challenged Laws. Plaintiffs further request that the Court convene a status conference to establish a schedule for further briefing and oral argument. Given the Challenged Laws’ effective date of November I, 2021, Plaintiffs request that the resulting schedule permit Plaintiffs’ motion to be fully briefed, argued, and decided before the Challenged Laws take effect.' Plaintiffs will make every effort to ensure that each of the Defendants is served with and given notice of the documents associated with this motion as soon as possible after filing. Immediately after the filing of the Verified Petition and this motion, and receipt of a case number, attomeys for Plaintiffs will contact the Attomey General's office and the other Defendants to provide notice of the Verified Petition and motion and to discuss service. Plaintiffs’ attomeys will ' Plaintiffs are not currently secking a temporary restraining order because it appears there will be adequate time for the motion to be fully briefed prior to November 1, 2021. Should those circumstances change, Plaintiffs may request a temporary restraining order.also attempt to provide copies of the Verified Petition, motion, and all supporting documents by email on the date of filing. Dated: September 2, 2021 Respectfully Submitted, J. Blake Patton, Oklahoma Bar No. 30673 WALDING & PATTON PLLC 518 Colcord Drive, Suite 100 Oklahoma City, OK 73102 Phone: (405) 605-4440 Fax: N/A bpatton@waldingpatton.com Rabia Mugaddam* Caroline Sacerdote* CENTER FOR REPRODUCTIVE RIGHTS 199 Water Street 22nd Floor New York, NY 10038 Phone: (917) 637-3645 Fax: (917) 637-3666 mmugaddam@reprorights.org csacerdote@reprorights.org jbeard @reprorights.org Jerome Hoffiman* Dechert LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104-2808 Phone: (215) 994-2496 Fax: (215) 665-2496 Jerome. hoffman@dechert.com Linda C. Goldstein* Jenna C. Newmark* Meghan Agostinelli* Dechert LLP Three Bryant Park1095 Avenue of the Americas New York, NY 10036, Phone: (212) 649-8723 Fax: (212) 314-0064 linda.goldstein@dechert.com jenna newmark@dechert.com meghan.agostinelli@dechert.com Jonathan Tam* Dechert LLP One Bush Street, Suite 1600 San Francisco, CA 94104-4446 T: (415) 262-4518 F: (415) 262-4555 jonathan.tam@dechert.com Attorneys for Plaintiffs Oklahoma Call for Reproductive Justice Tulsa Women's Reproductive Clinic, L.L.C., and Alan Braid, M.D. Christine Clarke* PLANNED PARENTHOOD FEDERATION OF AMERICA. 123 Williams St., 9th Floor New York, NY 10038 Phone: (212) 261-4749 Fax: (212) 247-6811 Diana Salgado* PLANNED PARENTHOOD FEDERATION OF AMERICA 1110 Vermont Ave., NW, Suite 300 Washington, DC 20005 Phone: (212) 261-4399 Fax: (202) 296-3480 Attorneys for Plaintiffs Comprehensive Health of Planned Parenthood Great Plains, Inc. and Planned Parenthood of Arkansas & Eastern Oklahoma *Out-Of-State Attomey Applications Filed/PendingCERTIFICATE OF SE) The undersigned hereby E ertifies that on this 2nd day of September, 2021, a true and correct copy of the foregoing was served via hand delivery to the following: John O’Connor Oklahoma Attomey General Office of the Oklahoma Attomey General 313 NE 2Ist Street Oklahoma City, OK 73105 Steve Kunzweiler Tulsa County District Attomey Tulsa County Court House 500 South Denver Avenue, Suite 900 Tulsa, OK 74103 Katie Templeton President Oklahoma State Board of Osteopathic Examiners 4848 N. Lincoln Boulevard, Suite 100 Oklahoma City, OK 73105 Justin Wilson President Oklahoma State Board of Pharmacy 2920 N Lincoln Bivd, Ste A Oklahoma City, OK 73105 David Prater Oklahoma County District Attomey Oklahoma County Courthouse 320 Robert S. Kerr Avenue, #505 Oklahoma City, OK 73102 Lyle Kelsey Executive Director Oklahoma Board of Medical Licensure & Supervision 101 NE Sst Street Oklahoma City, OK 73105 Lance Frye Commissioner Oklahoma State Department of Health 1000 NE 10th Street Oklahoma City, OK 73117 SC J. Blake Patton, Esq.