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

[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!