Court Upholds Ultrasound Requirement in Texas

Katie Pavlich | January 11, 2012 8:12 AM

Great news on the pro-life front. A federal court has upheld the requirement that doctors give women an ultrasound before performing an abortion. Steven Ertelt at LifeNews has more:

A federal appeals court has upheld a pro-life law in Texas allowing women a chance to see an ultrasound of their unborn child prior to an abortion.

During the recent 82nd Texas Legislative Session, the Sonogram Bill (House Bill 15) was passed and signed into law by Governor Rick Perry. This historic law protects a pregnant woman’s right to view her unborn child and hear the heartbeat of that child before making a decision about an abortion. On August 30, federal district court Judge Sam Sparks enjoined crucial parts of this law – further jeopardizing the health of women undergoing abortions—just two days before the law was to go into effect.

The injunction was sought by the New York based Center for Reproductive Rights, an abortion advocacy group that files lawsuit against pro-life legislation.

Texas Attorney General Greg Abbott, who is pro-life, quickly filed an appeal on the same day that the lower court released the injunction with the 5th Circuit Court of Appeals in New Orleans.

Last Tuesday, a federal three-judge panel heard arguments to determine whether to lift the injunction. The panel was critical of the grounds for the injunction and Jonathan Mitchell, Solicitor General, argued for the law before the panel. Mitchell explained that the level of scrutiny and the arguments used to rule the law as unconstitutional — and thus block the law from going into effect — were misapplied and needed to be overturned.

Today, the court ruled the state can enforce the law and said Judge Sparks was wrong to rule that abortion practitioners would likely win their case in court.

Republican presidential candidate Rick Perry, who signed the bill into law, praised the court’s decision.

“Today’s ruling is a victory for all who stand in defense of life. 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,” Perry said in a statement.