Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

sonias

(18,063 posts)
Tue Jan 10, 2012, 04:07 PM Jan 2012

Texas can enforce sonogram law while case proceeds, federal court says

Postcards from the Lege AAS 1/10/12

Texas can enforce sonogram law while case proceeds, federal court says

Texas can enforce a new law requiring doctors to show sonograms to women seeking abortions, a federal appeals court ruled today.


From The Associated Press:
A three-judge panel of the 5th U.S. Circuit Court of Appeals overturned U.S. District Judge Sam Sparks’ temporary order against enforcing the law, saying Sparks was incorrect to rule that doctors had a substantial chance of winning their case.

Sparks ruled in Austin in August that several provisions of the state law violated the free-speech rights of doctors who perform abortions by making them show and describe the images and describe the fetal heartbeat — all of which doctors have said is not necessary for good treatment.

The appeals court cited a 1992 U.S. Supreme Court ruling that “upheld an informed-consent statute over precisely the same ‘compelled speech’ challenges made” in the current Texas case.


3 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Texas can enforce sonogram law while case proceeds, federal court says (Original Post) sonias Jan 2012 OP
Judges: Texas Can Enforce Sonogram Law Now sonias Jan 2012 #1
Federal Court Reinstates Texas Sonogram Law sonias Jan 2012 #2
Fifth Circuit tosses injunction against sonogram law sonias Jan 2012 #3

sonias

(18,063 posts)
1. Judges: Texas Can Enforce Sonogram Law Now
Tue Jan 10, 2012, 05:27 PM
Jan 2012
Texas Tribune 1/10/12

Judges: Texas Can Enforce Sonogram Law Now

A panel of federal appellate judges has authorized Texas officials to enforce a controversial abortion sonogram law while its constitutionality is being challenged in court.

In an opinion, the judges said the measure's opponents "failed to demonstrate constitutional flaws" in the measure, which they said was "fatal" to their effort to prevent it from taking effect.

The abortion sonogram law, which lawmakers passed last legislative session, requires doctors to perform sonograms and describe what they see, including the size of the fetus and the length of its limbs. The measure has been in court almost since it passed, with opponents arguing it violates doctors' First Amendment rights by forcing them to disclose information that isn't medically necessary and that the woman may not want to hear.

The Fifth U.S. Circuit Court of Appeals overturned Austin District Judge Sam Sparks' temporary order this morning, preventing the sonogram measure from taking effect.

According to the appellate judges' opinion, "the required disclosures of a sonogram, the fetal heartbeat, and their medical descriptions are the epitome of truthful, non-misleading information."


sonias

(18,063 posts)
2. Federal Court Reinstates Texas Sonogram Law
Wed Jan 11, 2012, 02:34 PM
Jan 2012
Burnt Orange Report 1/10/12

Federal Court Reinstates Texas Sonogram Law
(snip)
Sparks' injunction blocked the worst parts of the bill: enforcement of provisions requiring the display of the ultrasound, detailed description of the fetus, and intrusive disclosure requirements for women who were already victims of violent crimes. He did so under the assumption that the plaintiffs had a reasonable chance of winning their case. The 5th Circuit in turn said that Sparks had no right to assume that the plaintiffs would win against the State. The federal court linked the bogus sonogram law with other legislation requiring doctors to give "truthful, nonmisleading and relevant" information. You can read the 5th Circuit's order here (warning, opens PDF.) In the decision, Chief Judge Edith H. Jones wrote:


"'Relevant' informed consent may entail not only the physical and psychological risks to the expectant mother facing this 'difficult moral decision,' but also the state's legitimate interests in 'protecting the potential life within her.'"


So basically, the concern of anti-choice zealots in the Legislature over what a woman does with her own personal uterus is a good enough reason to force doctors to say and do things to their patients that the doctors don't find medically necessary or helpful. It's troubling reasoning.


5th Circuit Order here:
http://texaslegislativeupdate.files.wordpress.com/2012/01/texas-sonogram-law-5th-circuit-opinion-011012.pdf

sonias

(18,063 posts)
3. Fifth Circuit tosses injunction against sonogram law
Wed Jan 11, 2012, 02:43 PM
Jan 2012

http://offthekuff.com/wp/?p=42409
Off the Kuff blog 1/11/12

Fifth Circuit tosses injunction against sonogram law


Statement from Peter J. Durkin, President and CEO of Planned Parenthood Gulf Coast, Inc. (PPGC) on the ruling.

“Planned Parenthood is extremely disappointed by the 5th Circuit panel decision issued today that allows Texas politicians to shame and demean women and tell doctors how to practice medicine. Every Texan should be outraged that politicians are interfering with their most private medical decisions.

“This morning a three-judge panel of the 5th Circuit Court of Appeals ruled that Texas can go forward with implementing a mandatory ultrasound law that ignores a woman’s decision, a doctor’s professional opinion and is medically unnecessary. The panel – led by a vocal anti-choice federal judge – said that adult women seeking an abortion can be forced against their will to have ultrasound images placed in front of them and have the fetal heart tone made audible, if present, for no medical reason. The court saw no problem in giving the woman no other choice but to cover her eyes and plug her ears if the woman does not want to view the images or listen to the heart tone.

“This is a continuation of the ongoing assault on Texas women and reproductive health care. Led by politicians who are out-of-touch with mainstream Texans, this last session the Texas legislature slashed funding for preventive family planning health care—taking basic health services away from nearly 300,000 low-income women.

“The mandatory ultrasound law is pure politics. It puts politicians, not doctors, in charge of women’s medical care. It will not reduce the number of unintended pregnancies or the need for abortion. The only thing today’s ruling does is make sure that a handful of extremely anti-choice politicians are in control of the private and personal medical decisions of thousands of Texas women.

“Planned Parenthood believes in prevention and providing women with medically accurate, unbiased information so they can make private medical decisions that are best for them. We will continue providing thousands of women across Texas with compassionate, high-quality preventive reproductive health care and advocating for increased access and information.”


Latest Discussions»Region Forums»Texas»Texas can enforce sonogra...