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U.S. federal judge says he can't block Texas sonogram law

Ruling clears the way for full-enforcement of the law

A U.S. federal judge has upheld the Texas law requiring women to have a sonogram before having an abortion, saying an appeals court had previously forced him to declare the law constitutional. District Judge Sam Sparks had previously struck down parts of the controversial law. With his latest ruling, Sparks says he's bound to follow the direction of the New Orleans-based appeals court.

A U.S. federal judge has upheld the Texas law requiring women to have a sonogram before having an abortion, saying an appeals court had previously forced him to declare the law constitutional. District Judge Sam Sparks had previously struck down parts of the law.

A U.S. federal judge has upheld the Texas law requiring women to have a sonogram before having an abortion, saying an appeals court had previously forced him to declare the law constitutional. District Judge Sam Sparks had previously struck down parts of the law.

LOS ANGELES, CA (Catholic Online) - A spokeswoman for the state Department of Health Services said the ruling clears the way for full-enforcement of the law. The sonogram law was supposed to take effect last October 1st, but had gone back and forth through the federal courts in legal challenges.

The Department of Health Services has since posted guidance letters and information for doctors and patients on its Web site. In addition, Spokeswoman Carrie Williams says that officials would be checking to make sure abortion providers were following procedures during facility inspections.

The new law requires doctors to show women images from sonograms play fetal heartbeats aloud and describe the features of fetuses at least 24 hours before their abortions are performed. There will be exceptions in cases of rape, incest, fetal deformity and for women who travel great distances to a doctor.

A group of doctors had first sued to block the law, saying it infringed upon their First Amendment rights. They also said that the law was unconstitutionally vague regarding enforcement. The doctors also claimed the law requires them to perform a procedure that is not medically necessary -- and women patients may not want to have it done.

Doctors who do not comply with the law could lose their medical license, be charged with a misdemeanor and face fines of up to $10,000.

Sparks struck down provisions in 2011 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" these women.

A three judge panel of the 5th U.S. Circuit Court of Appeals had at first overturned Sparks' temporary ban. Shortly afterwards, the appeals court issued another opinion outlining why it considered the law constitutional.

The appeals court said disclosures of a sonogram, the fetal heartbeat and their medical descriptions "are the epitome of truthful, non-misleading information."

The appeals court specifically said it expected Sparks to follow its lead when issuing any future rulings. The lawsuit returned to Sparks' court last month when the doctors asked for a permanent block on the law. Sparks warned them he had few options but to uphold the law and the recent ruling made it clear he strongly 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. "It appears (the appeals court) has effectively eviscerated the protections of the First Amendment in the abortion context."

Officials at the New York-based Center for Reproductive Rights, an organization which opposes the Right to life of the child in the womb had sued on behalf of some Texas doctors. The organization said they will appeal to block the law. They plan to attempt to use Judge Sparks' dicta in their argument.

© 2012, Catholic Online. Distributed by NEWS CONSORTIUM.

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Keywords: Sonograms, abortion, ferderal courts, Texas, pro-Life, Right to life

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1 - 4 of 4 Comments

  1. Bulbajer
    1 year ago

    MaryBuffalo, I agree. Good comment.

  2. marybuffalo
    1 year ago

    I agree with the ruling. Women should see the person they are killing. Abortion is murder at any stage. Your egg is alive, his sperm is alive, how can it not be alive from the moment of conception. Even those conceived through rape are part of God's plan. On the other hand, I believe that women should be able to get contraception through their health insurance no matter who they work for. If someone must be sexually active, prevention, prevention, prevention before murder.

  3. Bulbajer
    1 year ago

    Good.

  4. Laura
    1 year ago

    Why would "competent" Doctors object to the sonogram, if the best interest of the mother were top priority then they would want the mother to make a informed decision that would not come back to haunt them and ruin their lives. I have a friend that had an abortion when she was a teenager and when she got older and realized that she killed her child she suffered beyond what any doctor could imagine. She did have other children and that is when she realized the full extent of her actions. You can not reverse this decision although she would have given her life if she could turn the clock back. If sonograms were given at the abortion clinic I can guarantee that alot of womens decisions would be different but maybe doctors have a more sinister reason to object that mothers see their unborn children before they make this life altering decision.

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