Tuesday, January 10, 2012

Texas Sonogram Abortion Bill is Ruled Constitutional - 5th Circuit Court of Appeals Upholds the Law & Removes Injunction

Major Victory for the State of Texas and for life!

Texas passed a law in the 2011 Legislative session that requires a sonogram to be performed for women who are contemplating killing their unborn baby. This would allow the woman to be fully informed about what she is doing and who is inside of her.

This law was challenged in court U.S. District Judge Sam Sparks put a hold on key provisions of Texas’ new sonogram law.

This ruling was appealed to the U.S. Fifth Circuit Court of Appeals.

The 5th Circuit today struck down the injunction against the Sonogram Bill and ruled that the bill is constitutional.

Jeff Mateer, the General Counsel for the Liberty Institute, posted this comment on his Facebook page:

Breaking News -- Victory at 5th Circuit: The Court (Edith Jones opinion) holds recently enacted Texas Sonogram law constitutional. The Fifth Circuit reversed Judge Sparks, vacating his granting of preliminary injunction, which had stopped enforcement of the Texas Sonogram law.

Below is a Previous Story from earlier this week from the Liberty Institute blog:

Sonogram Bill Goes Before 5th Circuit Court of Appeals Today 

Today, the Sonogram Bill (HB 15) will go before the U.S. Fifth Circuit Court of Appeals in New Orleans. The State of Texas will be seeking to overturn U.S. District Judge Sam Sparks ruling that put on hold key provisions of Texas’ new sonogram law. The Sonogram Bill, which requires doctors or certified sonographers to perform a sonogram on women seeking an abortion at least 24 hours before the procedure, was overwhelmingly passed by the Texas Legislature and signed into law by Governor Perry this past legislative session.

Liberty Institute, on behalf of Texas State Senator Dan Patrick and Representative Sid Miller – authors of the Sonogram Bill in the Texas Senate and House respectively, filed an amicus brief with the Fifth Circuit Court of Appeals in support of the law. Liberty Institute argues that HB 15 is consistent with Supreme Court precedents and only requires the disclosure of truthful and accurate information to allow women to make informed decisions regarding their pregnancies. Liberty Institute was also involved in helping lawmakers draft the best language for this legislation and provided legal advocacy at numerous legislative hearings on this matter when pro-abortion advocates tried to stop this effort.

Read the legislators’ amicus brief filed with the Fifth Circuit Court of Appeals in Texas Medical Professionals Performing Abortion Services v. Lakey.

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