San Antonio Express-News: Sonogram bill ruling uses daft, scary logic
By Ricardo Pimentel
“The 5th Circuit Court of Appeals, in a ruling last week, pretty much says that women are idiots and that Texas can dragoon doctors into becoming ideological tools. Ultimately, you can thank the state Legislature, which last year passed a bill requiring doctors to describe sonogram images to a woman before an abortion — an effort to get women to change their minds about ending pregnancies. But the 5th Circuit is holding up its end. Earlier, U.S. District Judge Sam Sparks imposed a preliminary injunction on that law in August, finding it probable that — in forcing doctors into medically unnecessary speech and women to listen — First Amendment protections are breached. The 5th Circuit undid this. The law is now immediately enforceable. Sparks, rebuffed on the First Amendment, is slated to hear arguments on Friday on remaining constitutional issues posed in a lawsuit spearheaded by the Center for Reproductive Rights. Among them is equal protection under the law. But abortion is even more of an emotional decision and more intrusive, though both involve personal circumstances into which governments should not intrude. Roe v. Wade settled the issue of choice for women. That being the case, Sparks should rule that a state’s alleged right to, in essence, speak for the fetus — rather, compel a doctor to do so — does not trump a woman’s or doctor’s constitutional protections.”
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