Appeals court says Texas can enforce abortion law
National News
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 ruled Tuesday.
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.
Sparks 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.
The 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 laws requiring doctors to give "truthful, nonmisleading and relevant" information are reasonable regulation, not ideological speech requiring strict scrutiny under the First Amendment, the appeals court said.
Related listings
-
Seyfarth Shaw's Workplace Class Action Litigation Report
National News 01/09/2012Leading employment law firm Seyfarth Shaw LLP has issued its annual Workplace Class Action Litigation Report, covering a charged national landscape of "bet the company" employment disputes fueled by an aggressive plaintiffs' bar, invigorated federal ...
-
High court backs foreign campaign contribution ban
National News 01/08/2012The Supreme Court has dismissed an appeal seeking to expand the ability of foreigners to contribute to American political campaigns. The justices on Monday upheld a federal court ruling in favor of the ban on foreign contributions from all but immigr...
-
CA court to mull expiration date for clergy abuse
National News 01/05/2012California's highest court is hearing a precedent-setting case that could expose California's Roman Catholic dioceses to another round of clergy abuse lawsuits. The case being argued Thursday before the California Supreme Court involves six brothers ...