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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSupreme Court Refuses to Hear North Carolina Forced Ultrasound Law (gynoticians lose one!)
Supreme Court Refuses to Hear North Carolina Forced Ultrasound Law
The Supreme Court refused to review a North Carolina mandatory ultrasound law this week, permanently blocking what many feel is the most extreme forced ultrasound law in the nation.
The North Carolina law, which was passed in 2011, requires a physician perform an ultrasound on a patient seeking an abortion at least four house, and no more than 72 hours before the abortion. Also under the law, the physician must display imaging from the ultrasound and describe it to the patient, even if she objects, and even if she covers her eyes and ears, which the law permits.
This law was preliminarily blocked in October 2011 after several North Carolina physicians, medical practices, and organizations including the American Civil Liberties Untion (ALCU) and the Center for Reproductive Rights, filed a lawsuit. A federal court then struck down the law in 2014, when U.S. District Court Judge Catherine C. Eagles ruled that the speech-and-display provision of the law violated the First Amendment, and acknowledging that the ultrasound law was designed to persuade women not to obtain abortions. In December of last year, the Fourth Circuit Court of Appeals unanimously upheld this decision.
The Fourth Circuit Court wrote that the law violates doctors First Amendment right, and threatens patient well-being, writing:
[The patient] must endure the embarrassing spectacle of averting her eyes and covering her ears while her physiciana person to whom she should be encouraged to listenrecites information to her. We can perceive no benefit to state interests from walling off patients and physicians in a manner antithetical to the very communication that lies at the heart of the informed consent process.
. . . . . .
Women are fully capable of making thoughtful decisions about their families, future, and health without interference from politicians who presume to know better. And all doctors must be free to give patients their best medical judgment, free from talking points dictated by lawmakers advancing an agenda, said Nancy Northup, president and CEO of the Center for Reproductive Rights.
http://feminist.org/blog/index.php/2015/06/16/supreme-court-refuses-to-hear-north-carolina-forced-ultrasound-law/
AuntPatsy
(9,904 posts)niyad
(113,306 posts)AuntPatsy
(9,904 posts)niyad
(113,306 posts)mythology
(9,527 posts)niyad
(113,306 posts)Last edited Wed Jun 17, 2015, 09:16 PM - Edit history (1)
archaic, woman-hating laws.
mythology
(9,527 posts)Right to these laws.
I really can't my head around what makes people want to control others like that.
niyad
(113,306 posts)Skittles
(153,160 posts)what exactly is that called?
BlueJazz
(25,348 posts)niyad
(113,306 posts)BlueJazz
(25,348 posts)I've said this same old stuff before > Women truly have to put up with so much bullshit that If I were a woman, I'd be one of those nuts that climbs buildings and just start shooting people....No, not really,,..but.. sigh.
niyad
(113,306 posts)(and NOT the ones we use for hugging!)
BlueJazz
(25,348 posts)Bob: Good news, some Aliens have landed and they said they'll fix the world for us....the bad news is they're woman and they're pissed off and 20 feet tall.
niyad
(113,306 posts)calimary
(81,267 posts)niyad
(113,306 posts)any attorneys out there who can tell us whether or not we have grounds for medical malpractice (or some such) suits against these gynoticians?
calimary
(81,267 posts)in the way we fight them. Doesn't it feel like we are besieged from all sides? That they're ALWAYS coming, coming, coming at us, ALWAYS attacking, attacking, attacking? Well, WHY THE HELL AREN'T WE DOING THAT BACK AT THEM????
Where's our ALEC? Where are OUR legislators who figure out ways to sneak stuff in that WE want done? Trying to get through the front door doesn't work with the opposition we face. Why can't we figure out how to get around them? That's certainly what the bad guys do all the time? Why aren't WE doing it, and outdoing them???
appal_jack
(3,813 posts)Scalia, a supposed free-speech advocate (I still rather like his 1989 Texas v Johnson opinion re flag burning) was the lone dissenter here. Thus he was supporting a law that would have compelled doctors to give an untruthful and unwanted scripted speech to the patients they are supposed to serve. He is a senile old fool these days, choking on his bile, hypocrisy, and bitterness.
Retire already, Scalia: you have no business 'interpreting' (i.e- trampling) the Constitution any longer!
K&R,
-app
mountain grammy
(26,621 posts)Couldn't have said it better myself.
BillZBubb
(10,650 posts)An even more onerous law in Texas was upheld by the ultra-right wing 5th circuit. Since the SC decided not to hear the NC law case, that means no precedent is set on the issue. Which in turn means the Texas law stands.
So, we have a case where women in different parts of the country will be subjected to different obstacles to exercising their rights.
The SC should have heard the case and made what is allowable consistent across the country.
niyad
(113,306 posts)freshwest
(53,661 posts)until 'the right of first night' is restored to the upper class. Just broodmares, that's all they see.
Not far from the visions of some science fiction and Elliot in CA., where he felt all women should be locked in concentration camps until selected to carry some alpha male's seed to term. Kind of like ISIS or any society that doesn't even give baby girls birth certificates.
They might as well be walking machines. Oh, and they have nothing to say about it in any case. This is not a victory when the major crime was not the sound and sight, but mandated Republican Rape.
The supreme court is allowing Roe v Wade to be destroyed. IOf only people would vote. After the pregnancy begins, they are mandating that she has no vote over the rest of her life, her time and even her health.
brer cat
(24,565 posts)can and will be appealed to the SC, so we still have a shot there. Please correct me if I am wrong.
I wholeheartedly agree that we need consistent rights across the country. I do hope our next president, a dem for sure, will get to replace a couple of the ultra-rights on this SC.
BillZBubb
(10,650 posts)They missed the deadline to appeal the 5th circuit's right wing decision. Why that happened, I don't know.
Unless they can get the 5th circuit to rehear the case (which the right wing will never allow), the pro choice Texans cannot appeal to the SC.
Screwy yes, but that's the system.
lark
(23,099 posts)However, given this SCOTUS, I'm glad they didn't hear this as it could easily have gone the wrong way.
Don't trust the Felonious Five one little bit!!!
merrily
(45,251 posts)Gothmog
(145,242 posts)The Texas sonogram law is horrible
BillZBubb
(10,650 posts)By not hearing the NC case, the SC let the 5th circuit decision supporting the Texas law stand.
Gothmog
(145,242 posts)BillZBubb
(10,650 posts)The Texas case was never appealed and the time window to appeal expired. Unless the 5th Circuit agrees to hear the case again (and it won't), the laws opponents cannot get to the SC.
That's the problem.
Gothmog
(145,242 posts)Here is the latest from the Texas group http://www.nationalrighttolifenews.org/news/2015/06/texas-pro-abortionists-ponder-next-move-in-light-of-supreme-court-ultrasound-decision/#.VYIcaflViko
The immediate problem is that the Texas ultrasound law was not appealed to the Supreme Court. Ura explained that
Opponents of the Texas abortion sonogram law have already missed the deadline to appeal the 5th Circuits decision upholding it, but could now ask the 5th Circuit to reconsider the case, said Lyle Denniston of SCOTUSblog, a judicial blog that analyzes the Supreme Courts moves.
The challengers in Texas could go back to the court where they lost and try to get that court to reconsider by arguing that the Texas law is as vulnerable to challenge as the North Carolina law was, Denniston said, but he added that its difficult to convince the appellate court to reconsider a ruling. The court in the Texas case has a lot of discretion about reopening that case.
The North Carolina law passed over the veto of the governor in 2011. It requires that an ultrasound image of the unborn child be displayed at least four hours prior to an abortion so that the mother might view it and that she be given the opportunity to hear the unborn childs heartbeat. The law also provides for a simultaneous explanation of what the ultrasound is depicting.
But as NRL News Today reported last December, Judge J. Harvie Wilkinson III, writing for a unanimous three-judge panel of the 4th U.S. Court of Appeal, concluded, The state cannot commandeer the doctor-patient relationship to compel a physician to express its preference to the patient. Although Judge Wilkinson conceded the law was a regulation of the medical profession, he concluded it was ideological in intent and in kind.
This is not going to be easy but it is worth a fight
merrily
(45,251 posts)I was hoping to see what reason Scalia gave for dissenting, but none is mentioned.
mythology
(9,527 posts)merrily
(45,251 posts)Duval
(4,280 posts)niyad
(113,306 posts)rpannier
(24,329 posts)Color me so... ummm... uhhh.... surprised... or something like that
rpannier
(24,329 posts)Clarence Thomas wasn't mentioned in dissent
Since Thomas 99.99999999999999% of the time sides with Scalia I just figured he would here as well.
Maybe, given his track record, they're treating it as a given
It's gotten to the point where I half-expaect on anything written by Thomas for it to just say, "Whatever Scalia said."
And I figure if I went to his website, it would just forward me straight to Scalia's
niyad
(113,306 posts)AlbertCat
(17,505 posts)Our bought and paid for legislature is finding out that governing by pet peeve is not working out so well. AND probably most surprising to them, a majority doesn't agree with them.
niyad
(113,306 posts)marions ghost
(19,841 posts)"governing by pet peeve"-- says it all.