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Victory! Appeals Court Says TX Can Enforce Sonogram Law

1/11/2012

 
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.”
(link to full article)

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