Victory! Appeals Court Says TX Can Enforce Sonogram Law

This morning, the 5th Circuit Court of Appeals in New Orleans ruled that the state of Texas can enforce the Sonogram Law while it is being challenged in court.

In an important victory for the unborn in Texas, the court dismissed the claims of the Center for Reproductive Rights and Justice Sam Sparks in a stunning opinion that confirmed the sanctity of life and validated the efforts of Texas pro-life organizations, lawmakers, and Gov. Rick Perry.

From the Associated Press:

A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans overturned U.S. District Judge Sam Sparks’ temporary order against enforcing the law, saying Sparks was incorrect to rule that doctors who oppose it had a substantial chance of winning their case. The court’s opinion systematically dismantles the argument that the Texas law infringes on the free speech rights of doctors and patients, one of the key arguments for not enforcing the law.

“The required disclosures of a sonogram, the fetal heartbeat, and their medical descriptions are the epitome of truthful, non-misleading information,” the opinion concluded.

The judges went on to shoot down the Center for Reproductive Right’s claim that the law condescended to women by recognizing the importance of providing all pertinent information to a woman before an abortion, including factual information about her baby:

“‘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,’” Chief Judge Edith H. Jones wrote in the appeals court decision… “The point of informed consent laws is to allow the patient to evaluate her condition and render her best decision under difficult circumstances,” Jones wrote. “Denying her up to date medical information is more of an abuse to her ability to decide than providing the information.”

Although the legal fight for the Sonogram Law is not over, the court’s decision means that while the battle wages on, Texas can enforce this potentially life-saving law.

There is much work to be done, but the opinion in this case is a staggering victory in which a U.S. circuit court acknowledged “the state’s legitimate interest in ‘protecting the potential life within her.’” You and I know it is not a “potential life,” but a life. However, this is still wonderful news for the unborn, and for defending women against an industry that preys on their ignorance.

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Kristen Walker makes people mad on the Internet and sometimes tweets. To book her for a speaking engagement or send hate mail or large sums of money, email her.

  • María Inés Benítez Formoso

    It is not a potential life, of course, but a life as any other. However, I find it a positive outcome that informed consent was enforced and protected as it must be. Wonderful news, indeed! Please keep us up.

  • oldmanbob

    Good news!!  Keep in mind that this battle most likely will not be won by a home run.  Just keep getting on base.

  • Fred

    Can pro-choicers explain what the problem is with this law? I don’t understand why getting a sonogram before is bad for the woman making the choice; she is still free to do whatever she chooses, including abortion. this is actually a positive law all round, including for people that are pro choice: being more informed enables a person to choose with knowledge of the facts.

    • Auragasmic

      Sure – as a prochoicer, I have absolutely no qualms with a DR offering a woman a sonogram. Where I take issue is COMPELLING someone to comply with a procedure that a DR may determine medically unnecessary.

      Threatening a woman (who is exercising her constitutionally protected right to an abortion) with a TVUS is beyond repugnant. This law isn’t about ensuring women are informed, it’s about ensuring that women are humiliated.

      • KWed2b

        If it is humiliating for a pregnant woman to see an ultrasound of the baby she is about to kill than you just gave the best argument about why abortion is and always will be wrong and MURDER.

        • Auragasmic

          No, it’s humiliating to have a DR shove something up your vagina (in a procedure that h/she may deem medically unnecessary) because the government wants to intimidate women exercising their constitutionally protected right to abort.

          Duh?

          • http://profiles.google.com/shesaidthat710 nana Yunke

            How do you think they get the baby out during the abortion?  Osmosis?  They shove multiple instruments up her vagina to facilitate the destruction of the baby.
            Too many Drs are all about the time…too much time spent showing moms who may change their mind taking up the time that PAYING women who go through with the abortion can be on that table.

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