Court finds no constitutional flaws and vacates District Court injunction
Texas Insider Report: AUSTIN TX I am extremely gratified that the sonogram bill will finally take effect. I have worked to pass this bill for five years and I am grateful to the 5th Circuit for their rapid action on this important issue said Senator Dan Patrick earlier today afterÂ
the U.S. 5th Circuit Court of Appeals vacated the injunction on the sonogram bill by District Judge Sam Sparks.
In a strongly worded order the Fifth Circuit panel makes it clear that they found no constitutional flaws with the legislation and the injunction should be vacated. Even more significantly the panel states that they will handle any further appeals related to the sonogram bill.
Appellees failed to demonstrate constitutional flaws in H.B. 15. Accordingly they cannot prove a substantial likelihood of success on each of their First Amendment and vagueness claims. This is fatal to their application for a preliminary injunction. Accordingly we VACATE the district courts preliminary injunction REMAND for further proceedings consistent with this opinion and any further appeals in this matter will be heard by this panel.
The Sonogram Bill House Bill 15 passed the Texas legislature in 2011. The bill gives women the right to view a sonogram listen to the babys heartbeat and hear a full explanation of the sonogram 24 hours prior to an abortion procedure.
Each year over 75000 babies are aborted in Texas. If just one in five decides to keep her baby after seeing the sonogram this legislation will save 12000-15000 lives a year.
The passage of this legislation has been a long struggle stated Dan Patrick. Today is a great day for womens health and for the protection of the unborn in Texas."
