Federal Court Agrees: Women Can’t Be Forced to Have an Ultrasound Before an Abortion

[napi21]

http://www.care2.com/causes/federal-court-agrees-women-cant-be-forced-to-have-an-ultrasound-before-an-abortion.html

North Carolina’s plan to force women to have an ultrasound before receiving an abortion have been foiled once again. On Monday, a U.S. court declared the legislation unconstitutional, reports Yahoo, ensuring that doctors won’t have to first attempt to guilt women about a private medical decision.

“The state freely admits that the purpose and anticipated effect… is to convince women seeking abortions to change their minds or reassess their decisions,” wrote Judge J. Harvie Wilkinson III. “The state cannot commandeer the doctor-patient relationship to compel a physician to express its preference to the patient.”

The decision was unanimous among the three judges on the 4th U.S. Circuit Court of Appeals. As far as the judges are concerned, the matter comes down to a free speech issue. Forcing doctors to perform a non-necessary ultrasound and talk about the fetus in detail infringes on their professional discretion and free speech rights. After all, North Carolina shouldn’t be able to require doctors to subscribe to the legislators’ political viewpoints.

Even the state’s Attorney General, Ray Cooper, says he personally opposes the law. He has continued to fight on behalf of the law in court, however, as it is his job.


Glad to sere this BS is finally being challenged in court and losing!

[Orrex]

1. Oh, great. Before long wimmin will want to wear shoes and to learn how to read.

K/R for a terrific ruling!

[shenmue]

2. Attention Republicans

My lady bits are invitation-only.

[pangaia]

6. That would make a great T-shirt.. maybe..

"By Invitation Only'

What do you think? Maybe I am nuts..

[shenmue]

7. Cool!

Fine with me!

[BrotherIvan]

3. YAY!

[progressoid]

4. Outstanding!

[KansDem]

5. This...from "The Party of Less Government"

[sheshe2]

8. Yes!

[SoapBox]

9. Excellent!

And about time.

[mountain grammy]

10. Good ruling, good news.

[vlyons]

11. Ah Ha! Someone finally shows some common sense! However ...

this case was decided on the free speech rights of physicians, which is certainly a good thing. But ... it was NOT decided on the rights of women to freely choose to have a safe and legal abortion in consultation with a physician. Womens' rights were not considered. Womens' rights not to be shamed and intimidated into having an unwanted pregnancy and bullied and manipulated into taking it full term to birth were not considered. So my sisters, just so ya know ... your rights are not nearly as important as physicians' rights.

We do not need any more unwanted children. The world has enough of those already.

[napi21]

12. You're right, but I'll take the ruling for any reason they choose.

I HOPE some other Fed. Judges rule on women's rights to abortions or a woman's right NOT to be abused with unnecessary medical treatment, but if the judges can only agree on the "free speech" or "privacy" rights, I'll take it!

[cstanleytech]

13. I agree completely with this ruling I just hope it survives to SCOTUS if it

goes before them.

[SheilaT]

14. Is Virginia still requiring a vaginal ultrasound?

Or did I miss learning that law was overthrown?