In the news:
Originally published February 6, 2012 at 7:41 PM | Page modified February 6, 2012 at 9:09 PM
Texas law requiring sonogram before an abortion is upheld
The law requires doctors to show women images from sonograms, play fetal heartbeats aloud and describe the features of fetuses at least 24 hours before abortions.
The Associated Press
AUSTIN, Texas — A federal judge on Monday upheld the Texas law requiring women to have a sonogram before an abortion, saying an appeals court forced him to declare the law constitutional.
District Judge Sam Sparks had previously struck down parts of the law, but his latest ruling said he's bound to follow the direction of the New Orleans-based appeals court.
A spokeswoman for the state Department of Health Services said the ruling clears the way for full-enforcement of the law, which was supposed to take effect Oct. 1 but has ping-ponged through the federal courts in legal challenges.
The law requires doctors to show women images from sonograms, play fetal heartbeats aloud and describe the features of fetuses at least 24 hours before abortions. There are exceptions in cases of rape, incest, fetal deformity and for women who travel great distances to a doctor.
A group of doctors had sued to block the law, arguing it infringed on their First Amendment rights and is unconstitutionally vague regarding enforcement. The doctors claimed the law requires them to perform a procedure that is not medically necessary and that women may not want.
Doctors who do not comply with the law could lose their license, be charged with a misdemeanor and face fines of up to $10,000.
In 2011, Sparks struck down provisions that required doctors to describe the images and others that required victims of sexual assault or incest to sign statements attesting to that fact. The judge said the state was trying to "permanently brand" those women.
A three-judge panel of the 5th U.S. Circuit Court of Appeals overturned Sparks' temporary ban. A few days later, the appeals court issued another opinion saying disclosures of a sonogram, the fetal heartbeat and their medical descriptions "are the epitome of truthful, non-misleading information."
The lawsuit returned to Sparks' court on Jan. 20 when the doctors asked for a permanent block on the law. Sparks said he had few options but to uphold the law. Monday's ruling made it clear he disagreed with the appeals court.
"There can be little doubt (the law) is an attempt to discourage women from exercising their constitutional rights by making it more difficult for caring and competent physicians to perform abortions," Sparks wrote.
