Once again, lawyers will argue the constitutionality or lack thereof of the Texas Sonogram Law in federal court in Austin, Texas today.
The law requires women contemplating an abortion to undergo a sonogram and then fully discuss the results with their doctor. According to the law, she does not have to view the sonogram, but she must listen to the doctor’s description and evaluation of the test. The intent of the law is to fully inform the woman of her baby’s state of development and give her a chance to reconsider her choice. If she then persists in her decision to opt for an abortion, nothing prevents her from obtaining one.
Opponents of the law cite the emotional nature of a woman’s determination to have an abortion and that the government has no right to intrude on such a personal decision. They call upon Roe v. Wade as their right to do so and therefore should face no impediment. However, supporters say they wish to give the woman every available bit of information about her baby so she can make a fully informed decision. If she still chooses to have the abortion, she has every right under the law. However, if she opts out, she will have protected and preserved a human life that began at conception.
In August, U.S. District Judge Sam Sparks imposed a preliminary injunction against that law saying that it forced doctors into unnecessary speech and mandated women to listen, a possible violation of First Amendment protections. However, last week, a panel of three judges on the 5th Circuit Court of Appeals upheld the contentious state law, making it immediately enforceable.
The Center for Reproductive Rights has now appealed that decision and the case is in court again today. “We are seeking a fuller hearing of the bedrock constitutional rights that the Fifth Circuit panel brushed aside,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. “The district court ruled that this law violated the First Amendment rights of physicians by compelling them to advance an ideological agenda. The full court should affirm that sound decision.”
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