A recent Texas law mandating that women undergo a sonogram before an abortion has been upheld by a Federal Court and will move forward.
The Texas law passed in the 2011 legislative session and signed into law by Governor Rick Perry requires women contemplating an abortion to undergo a sonogram. The law also requires that they listen to the fetal heartbeat as well as a description of the features of the fetus. Women can opt out of viewing images but they must listen to the description. The Center for Reproductive Rights almost immediately brought suit to block the law and declare it unconstitutional. In August U.S. District Judge Sam Sparks granted a preliminary injunction against its enforcement. On Friday a three-judge panel of the 5th U.S. Circuit Court of Appeals court ruled that Texas could implement the law immediately.
The court found that the sonogram law only mandates that physicians only give information not ideology and that compelling doctors to make factual statements relevant disclosures" to a patient is permitted under informed consent laws. They added that the states regulations do not fall under the rubric of compelling ideological speech. The required disclosures of a sonogram the fetal heartbeat and their medical descriptions are the epitome of truthful non-misleading information" the three judges wrote. The court said mandating that doctors impart such information is relevant for the physical and psychological risks to the expectant mother" and to the states interest in protecting potential life.
In a concurring opinion Circuit Judge Patrick Higginbotham wrote that two principles are at play: acknowledging that the state need not remain neutral" and can try to persuade citizens to exercise their constitutional right to choose a state-preferred course." He also wrote Second the state cannot compel a citizen to voice the states views as his own." He said Texas law gives due consideration to both principles but he warned that federal law opens no unfettered pathway for states to suppress abortions through the medium of informed consent."
Nancy Northup president of the Center for Reproductive Rights voiced outrage: There is no justification for Texas to have insisted on the immediate enforcement of this intrusive and demeaning law nor the court of appeals to have granted it without giving us an opportunity to be heard. The law will give exceptions to women in the cases of rape incest or fetal abnormality and not require those women to have to listen to the description of the ultrasound. Women who are not exempt can decline viewing the ultrasound and listening to the heart beat but will be forced to hear the physicians description of the ultrasound results."
Northrup also called the law One of the most extreme mandatory ultrasound laws in the nation … has now led to an extreme court decision on this issue. This clears the way for the enforcement of an insulting and intrusive law whose sole purpose is to harass women and dissuade them from exercising their constitutionally protected reproductive rights."
On the other hand Governor Rick Perry said Todays ruling is a victory for all who stand in defense of life." The governor had pushed for the measure and signed it into law last spring. Attorney General Greg Abbott said the decision recognizes that the Texas sonogram law falls well within the states authority to regulate abortions and require informed consent."
Joe Pojman executive director of Texas Alliance for Life praised the ruling arguing that the law protects women. This is about raising the standard of care regarding informed consent about abortions to the same level any patient would expect from any other medical or surgical procedure" he said.
Northup said abortion rights groups will continue to challenge the law. This law and this decision inserts government directly into a private decision that must be protected from the intrusion of political ideologues" she said.
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A recent Texas law mandating that women undergo a sonogram before an abortion has been upheld by a Federal Court and will move forward.
The Texas law passed in the 2011 legislative session and signed into law by Governor Rick Perry requires women contemplating an abortion to undergo a sonogram. The law also requires that they listen to the fetal heartbeat as well as a description of the features of the fetus. Women can opt out of viewing images but they must listen to the description. The Center for Reproductive Rights almost immediately brought suit to block the law and declare it unconstitutional. In August U.S. District Judge Sam Sparks granted a preliminary injunction against its enforcement. On Friday a three-judge panel of the 5th U.S. Circuit Court of Appeals court ruled that Texas could implement the law immediately.
The court found that the sonogram law only mandates that physicians only give information not ideology and that compelling doctors to make factual statements relevant disclosures" to a patient is permitted under informed consent laws. They added that the states regulations do not fall under the rubric of compelling ideological speech. The required disclosures of a sonogram the fetal heartbeat and their medical descriptions are the epitome of truthful non-misleading information" the three judges wrote. The court said mandating that doctors impart such information is relevant for the physical and psychological risks to the expectant mother" and to the states interest in protecting potential life.
In a concurring opinion Circuit Judge Patrick Higginbotham wrote that two principles are at play: acknowledging that the state need not remain neutral" and can try to persuade citizens to exercise their constitutional right to choose a state-preferred course." He also wrote Second the state cannot compel a citizen to voice the states views as his own." He said Texas law gives due consideration to both principles but he warned that federal law opens no unfettered pathway for states to suppress abortions through the medium of informed consent."
Nancy Northup president of the Center for Reproductive Rights voiced outrage: There is no justification for Texas to have insisted on the immediate enforcement of this intrusive and demeaning law nor the court of appeals to have granted it without giving us an opportunity to be heard. The law will give exceptions to women in the cases of rape incest or fetal abnormality and not require those women to have to listen to the description of the ultrasound. Women who are not exempt can decline viewing the ultrasound and listening to the heart beat but will be forced to hear the physicians description of the ultrasound results."
Northrup also called the law One of the most extreme mandatory ultrasound laws in the nation … has now led to an extreme court decision on this issue. This clears the way for the enforcement of an insulting and intrusive law whose sole purpose is to harass women and dissuade them from exercising their constitutionally protected reproductive rights."
On the other hand Governor Rick Perry said Todays ruling is a victory for all who stand in defense of life." The governor had pushed for the measure and signed it into law last spring. Attorney General Greg Abbott said the decision recognizes that the Texas sonogram law falls well within the states authority to regulate abortions and require informed consent."
Joe Pojman executive director of Texas Alliance for Life praised the ruling arguing that the law protects women. This is about raising the standard of care regarding informed consent about abortions to the same level any patient would expect from any other medical or surgical procedure" he said.
Northup said abortion rights groups will continue to challenge the law. This law and this decision inserts government directly into a private decision that must be protected from the intrusion of political ideologues" she said.
Comment and add to the story without registration but keep the comments meaningful please. Links are not accepted.
