AUSTIN, Texas (AP) — A Texas abortion law passed last year that requires doctors to show sonograms to patients can be enforced while opponents challenge the measure in court, a federal appeals court said Tuesday in a ruling that signaled the judges believe the law is constitutional.
When the state would begin enforcing the law was not immediately clear. A spokesman for the attorney general’s office said the matter was under review. The group that brought the case, the Center for Reproductive Rights, could appeal the ruling. It did not immediately respond to a request for comment.
The three-judge panel of the 5th U.S. Circuit Court of Appeals overturned a temporary order against enforcing the law and then went further to advise U.S. District Judge Sam Sparks how he should ultimately rule in the case. Chief Judge Edith H. Jones used her opinion to systematically dismantle the argument that the Texas law infringes on the free speech rights of doctors and patients, the key argument against the law.
“The required disclosures of a sonogram, the fetal heartbeat, and their medical descriptions are the epitome of truthful, non-misleading information,” Jones wrote. “The appellees failed to demonstrate constitutional flaws” with the law.
Sparks had ruled in August that several provisions of the state law violated the free-speech rights of doctors who perform abortions by requiring that they show and describe the sonogram images and describe the fetal heartbeat, all of which doctors have said is not necessary for good treatment.
Gov. Rick Perry, on the presidential campaign trail in South Carolina, praised the court’s decision.
“Today’s ruling is a victory for all who stand in defense of life,” Perry said. “Every life lost to abortion is a tragedy, and this important sonogram legislation ensures that every Texas woman seeking an abortion has all the facts about the life she is carrying, and understands the devastating impact of such a life-ending decision.”
The author of the bill, state Sen. Dan Patrick, said he felt confident the appeals court would uphold the law.
“I am extremely gratified that the sonogram bill will finally take effect,” the Houston Republican said. “I have worked to pass this bill for five years and I am grateful to the Fifth Circuit for their rapid action on this important issue.”
The New Orleans-based 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.
Earlier rulings have found that laws requiring doctors to give “truthful, non-misleading and relevant” information are reasonable regulation, not ideological speech requiring strict scrutiny under the First Amendment, the appeals court said.
“‘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,’” Jones wrote.
Jones wrote that the argument against requiring the doctor to perform the sonogram only made sense if a “pregnancy is a condition to be terminated.”
“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.”
Under the Texas law, a woman who has suffered rape or incest can avoid the sonogram requirement by certifying that she is a victim. Jones said the “the district court was especially troubled by the requirement” to make the certification, but that it doesn’t violate the woman’s First Amendment rights.
In his temporary order, Sparks also agreed with the doctors appealing the law that the doctor should not be compelled to show the woman the sonogram image, to play the sound of the fetal heartbeat and to explain the sonogram image verbally if the women does not want to look or listen.
Jones found that there was no constitutional argument against these elements of the law.
“The woman seeking an abortion may elect not to receive these images, sounds, or explanations,” Jones wrote. “This election does not obviate the physician’s obligations to display the sonogram images or make audible the heart auscultation; the woman may simply choose not to look or listen.”
Jones wrote that the doctors had failed to make a convincing argument against the law and she made clear that she expects Sparks to use her ruling when making any further decisions in the case. Jones also said the Fifth Circuit would hear any further appeals in this case.
More Related Stories
- Developers evict historic women's shelter to build luxury hotel
- Kaitlyn Hunt refuses plea offer, will go to court over high school relationship
- DHS admits "impossible" to control 3D-printed guns
- Journalists file suit against Manning trial secrecy
- Russia: Syrian regime ready to talk peace
- Report: Nearly a quarter of all Americans struggle to afford food
- Ted Cruz against the world
- Louie Gohmert: Women should be forced to carry nonviable pregnancies to term
- 2 men arrested for endangering commercial aircraft
- Oversized load blamed for bridge collapse
- This is what Guy Fieri looks like as a balloon
- Iran hackers aiming at U.S. energy firms
- Lawyers release data in attempt to discredit Trayvon Martin
- Anonymous rallies behind Kaitlyn Hunt
- Bridge collapse: Part of "aging infrastructure"
- Mistrial in penalty phase of Arias case
- Amanda Bynes arrested after hurling bong from window
- Interstate 5 bridge collapses north of Seattle
- Mississippi could begin prosecuting women for miscarriages
- Teenage girl claims she was beaten up for looking like Taylor Swift
- UK Military: London attack victim was a "model soldier"
Featured Slide Shows
The week in 10 picsclose X
- 1 of 11
Lisa Montgomery embraces her nephew Thursday after a tornado tore apart her home in Cleburne, Texas. The twister killed six people and destroyed entire swaths of the North Texas town.
Credit: AP/LM Otero
Jack McMahon, the defense attorney for abortion doctor Kermit Gosnell, speaks outside the Criminal Justice Center in Philadelphia Tuesday. His client was convicted of killing three babies in his clinic, and will serve multiple life sentences.
Credit: AP/Matt Rourke
A photo taken Monday captures Vice President Joe Biden's response to a Milwaukee second-grader's innovative proposal to end America's epidemic of gun violence. This guy!
Credit: AP/Jenny Aicher
Sen. Rand Paul, R-Ky., flanked by a grouper-eyed Michele Bachmann, addresses the IRS' admission that it targeted Tea Party groups in advance of the 2012 election. In an op-ed for CNN Thursday, the Kentucky senator slammed the president for his faux outrage.
Credit: AP/Molly Riley
Ousted IRS chief Steven Miller is sworn in on Capitol Hill Friday. Miller testified before the House Ways and Means Committee on the extra scrutiny the agency gave conservative groups applying for tax-exempt status.
Credit: AP/J. Scott Applewhite
Attorney General Eric Holder pauses as he testifies on Capitol Hill before the House Judiciary Committee Wednesday. Holder is under fire, among other things, for the Justice Department's gathering of phone records at the Associated Press.
Credit: AP/Carolyn Kaster
O.J. Simpson sits during an evidentiary hearing at Clark County District Court in Las Vegas, Nev., Thursday. Simpson, who is currently serving a nine-to-33-year sentence in state prison for armed robbery and kidnapping, is using a writ of habeas corpus to seek a new trial.
Credit: AP/Las Vegas Review-Journal/Jeff Scheid
Major Tom to ground control: On Sunday astronaut Chris Hadfield recorded the first music video from space, a cover of David Bowie's "Space Oddity."
Credit: AP/NASA/Chris Hadfield
When it rains it pours. President Barack Obama speaks during a news conference Thursday with Turkish Prime Minister Recep Tayyip Erdogan, inexplicably inspiring an #umbrellagate Twitter meme.
Credit: AP/Jacquelyn Martin
A smoke plume rises high above a road block at the intersection of County A and Ross Road east of Solon Springs, Wis., Tuesday. No injuries were reported, but the the wildfire caused evacuations across northwestern Wisconsin.
Credit: AP/The Duluth News-Tribune/Clint Austin
Recent Slide Shows
- 1 of 11