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.
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.
- - -
Pope Benedict XVI's Prayer Intentions for January 2013
General Intention: The Faith of Christians. That in this Year of Faith Christians may deepen their knowledge of the mystery of Christ and witness joyfully to the gift of faith in him.
Missionary Intention: Middle Eastern Christians. That the Christian communities of the Middle East, often discriminated against, may receive from the Holy Spirit the strength of fidelity and perseverance.
Keywords: Sonograms, abortion, ferderal courts, Texas, pro-Life, Right to life
NEWSLETTERS »
Rate This Article
1 - 4 of 4 Comments
Leave a Comment
More Politics & Policy News
- News to ruin your morning: IRS official who targeted conservatives for audit now oversees your Obamacare compliance
- Culture of Corruption, Obama pays Sarah Ingram extra for her harassment of conservatives
- Culture of Corruption: Why Obama's misuse of Marines is wrong
- Rubio: Obama's intimidation of tea party groups 'not in isolation'
- Editorial: Is the Scandal Ridden Obama Administration Becoming a House of Cards?
- Obama asks for more money, Marines to protect embassies
- President stands ground against Republican critics
- Eric Holder says he will investigate the IRS for Obama
- Read this most OUTRAGEOUS list of questions asked by IRS officials
Featured News
- Fr. Paul Schenck: Finding Living Faith on Catechetical Sunday
- The Movie Yellow: Incest as 'Normal' and Cassavates's Slides Into the World of Woes
- The Chicago School Teachers Strike Reveals the Need For School Choice
- The Sexual Barbarians and the Dissolution of Culture
- The Happy Priest Challenges Us to Ask: Who is Jesus to Me?
- Michael Coren on Canadian Public Schools: Teachers, leave those kids alone
- We Cannot Ignore Our Consciences: Cardinal Dolan On Religious Liberty
- In the Face of Danger, Successor of Peter Travels to Lebanon as a Messenger of Peace
- Reflections on the Dignity and Vocation of Women: Who or What?
Most Popular
Editorial: Is the Scandal Ridden Obama Administration Becoming a House of Cards? Read More
Did God make junk? Scientists say 98 percent of human genome is junk Read More
There's the problem! Americans are out of touch with scientific consensus on climate change Read More
Courageous Cardinal Seán Patrick O'Malley Will Not Attend Boston College Commencement Read More
Sex In Uniform: Why the Increase in Sexual Assaults in the Military? Read More
Daily Readings
Reading 1, Acts 28:16-20, 30-31
On our arrival in Rome Paul was allowed to stay in lodgings of ... Read More
Psalm, Psalms 11:4, 5, 7
Yahweh in his holy temple! Yahweh, his throne is in heaven; his ... Read More
Gospel, John 21:20-25
Peter turned and saw the disciple whom Jesus loved following ... Read More
Saint of the Day
St. Pope John I
May 18: St. John I, Pope and Martyr (Feast day - May 18) A native of ... Read More
Latest Videos
Pope to Pontifical Missionary Works: Your work is still relevant View Video
Pope rails against dictatorship of the economy View Video
May Crowning of the Virgin Mary - St Philip The Apostle Catholic Church View Video
St Thomas Aquinas Catholic School Visit to Ogwen Cottage May 2013 View Video
May 17 - Homily: St. Paschal, Profound Love For The Eucharist View Video
Marketplace
Angels in Iron
"This is a book that belongs on the bookshelf of every Catholic man, ... Read More
Inspirational Music by Christian and Catholic Artists Read More




Print















MaryBuffalo, I agree. Good comment.
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.
Good.
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.