VICTORY! Federal Court Strikes Down Demeaning North Carolina Ultrasound Law

[Triana]

Source: NC ACLU

GREENSBORO, NC – A federal district judge today struck down a North Carolina law requiring abortion providers to show a woman an ultrasound and describe the images in detail four hours before having an abortion, even if the woman objects.

The court ruled that key provisions of the law violate doctors’ free speech rights. The law was challenged by the American Civil Liberties Union, the ACLU of North Carolina, the Center for Reproductive Rights and Planned Parenthood Federation of America.

“Today's court ruling protects the rights of women and their doctors from the ideological agenda of extremist lawmakers,” said Jennifer Rudinger, executive director of the ACLU of North Carolina. “If these unconstitutional measures had gone into effect, doctors would have been prevented from using their best medical judgment to provide patients with care based on their specific individual needs. This law represented an egregious government intrusion into individuals’ private medical decisions, and we are very pleased that it will not go into effect.”

Read more: http://www.acluofnorthcarolina.org/index.php/blog/victory-federal-court-strikes-down-demeaning-north-carolina-ultrasound-law.html

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Read the court's order here: https://www.aclu.org/sites/default/files/assets/01.17.14_order_granting_partial_summary_judgment.pdf

[truthisfreedom]

1. Huzzah!!!

Government is out of our vaginas!

Well, not that I have one.

[riqster]

18. I figure it's like "When they came for the Vaginas, I did not stand up"

"because I did not have one. And now they are coming for the penises, and they can't stand up...er, there is no one to stand up for us."

Corny, but unless we all have equality, none of us do.

[Tx4obama]

2. Great news! Have my fingers crossed for the rest of the states too. n/t

[Gothmog]

3. This is great news

The Texas law was upheld and so with a split there may be grounds to go to the SCOTUS http://www.huffingtonpost.com/2012/02/06/texas-sonogram-law-judge-wont-block_n_1258334.html

[okaawhatever]

4. Thank goodness. Forced humiliation isn't good governance. Of course, I don't think anything the

Republicans have come up with in years would be considered good governing.

[lastlib]

36. They're not the least bit interested in good governance.

They're interested only in power and getting it concentrated in their hands.

That's the fundamental core of conservatism--conserving power for the powerful and wealth for the wealthy.

[AlbertCat]

45. They're not the least bit interested in good governance.

And in North Popelina they are punishing the state for going blue in 2008 and almost blue in 2012.

They're gonna show us..... so there!

[Bandit]

44. Republicans don't Govern, They Dictate

[erronis]

50. Perfect synopsis. Thanks!

Not that I need to add anything - They don't think, they read the talking points.

[Auntie Bush]

53. And they're the ones crying and shouting about losing "THEIR FREEDOMS"

under the Obama administration...what a bunch of hypocrites!

[SamKnause]

5. Ultra

This is EXCELLENT NEWS !!!!!

[ybbor]

29. Agreed!

I'm gonna ask my wife if I can send money to Texas Planned Parenthood to help those women with transportation issues to reach clinics. (She holds the purse strings ! Thank God!). Maybe they will be next! We Michiganders may be next facing such a crisis with our deep red state government. Need I show a replay of this for you all?

http://www.democraticunderground.com/10023959184

[mountain grammy]

56. I'm sure she'll agree. Anything helps..

[sheshe2]

6. YES!

Let's keep the momentum going and overturn this type of law that the GOP keeps thrusting upon us!

Thanks for the news Triana, it gives me hope.

[Jack Rabbit]

7. Hopefully, a court will scuttle NC's racist voter-ID law before November

That should put an end the Koch brothers' dream of a Birch Society republic in the state.

[Red Mountain]

38. PA stepped up and did so

We can hope.

[riqster]

8. Thank the gods. K & R

[efhmc]

48. And Goddesses!

[riqster]

49. True !

[TroglodyteScholar]

9. Kinda funny that the case is about the doctors' rights

But whatever gets the job done!

[RC]

15. You noticed that too, huh?

When are women going to get a say in their own reproductive rights, against these meddling authoritarians?

[SoapBox]

20. Ditto.

But I say we take this as a step...hopefully it's going to be about women one of these days.

[TroglodyteScholar]

21. Well, the free speech of the doctor...

...is a big part of what keeps a woman's reproductive rights intact if you think about it.

Still just odd to me, though.

[abakan]

22. when women are in charge.....nt

[merrily]

24. When abortion was illegal, it was the doctors who performed it who got arrested.

I don't know if the girl or woman who had the abortion ever did then.

Ditto when contraception was illegal in some states and doctors provided it.

So, in a way, it makes sense.

[bucolic_frolic]

19. Yeah, from the patients' point of view, it's more like

a reverse free speech rights case

where you are forced by government mandate to listen and watch
someone else's free speech

That's how the GOP gets the government off our backs, by using
the government to force women to watch someone else's ideas

Free speech ain't exactly free when you are coerced into listening to it

The right of privacy, to be left alone, to ignore what you don't want or
like is so basic a human right

By the logic of these laws, pretzel makers could hijack the legislative
process and force everyone to eat spinach pretzels with cinnamon
flavoring on Wednesdays.

WACKO!

[BrotherIvan]

30. I noticed this as well

But whatever works in this emergency situation. I'm sure they would have a better chance with this because there is legal precedence of some sort. Roe doesn't really guarantee the right to seek an abortion but the right to privacy. It's a rather weak ruling which is why it is constantly threatened. Some people say they wish Roe was overturned so a more ironclad law could take its place. I'm not sure if it's worth the risk in this environment of wackiness today.

[herding cats]

10. One more state down!

That brings us down to 22 states which still require it. I think that's right. Oklahoma's was knocked down and then their attempt to reinstate it was denied by the Supreme Court last year. One by one we're taking them down!

[another_liberal]

34. 22 States require that?

I'm kind of stunned by the number. I had no idea.

[herding cats]

40. i think so.

I read it before at the Kaiser Foundation. I think that's the right number with the two removed.

[another_liberal]

42. That is nearly half of the country.

What a thoroughly barbaric and demeaning experience to force on America's women. The legislators who passed these laws should be punished.

[herding cats]

43. It's all part of a legislative push in 2011 and 2012 by the Republicans.

They can't overcome a woman's right to have a legal abortion, but they can limit it extremely and humiliate her for her choice. Which is the approach 24 states chose to take on abortion. The tools they're using are mandatory ultrasounds, increased gestational limits on abortion, and targeted regulation of abortion providers.

I found the list of states, here's the link. http://kff.org/womens-health-policy/state-indicator/ultrasound-requirements/

[Auntie Bush]

54. Can you say, "ALEX"!!!!!!!!!

[Judi Lynn]

11. This is the only acceptable answer. Thank you. n/t

[cosmicone]

12. It is common sense

but teabaggers are so blinded by their ideology and zeal that they keep passing these stupid laws.

I'd like a law that charges assemblymen/congressmen etc. who voted for any law for the costs of enacting and litigating the legislation in the event it is struck down as unconstitutional.

[Squinch]

13. .

[perdita9]

14. R-E-S-P-E-C-T Tell me what it means to me!

Women are capable of making their own medical decisions. Stop treating them like children.

[rocktivity]

16. CUE THE VONAGE THEME!

domestic terrorism at best, pyschological torture at worst.


rocktivity

[Kali]

17. good

though it is still so fucking beyond my comprehension that the troglodytes could have passed it in the first place

[BlancheSplanchnik]

23. this is why ACLU, Center for Reproductive Rights and Planned Parenthood

Are really important to donate to, if and when you can.

[Dawson Leery]

51. +1

[mountain grammy]

57. Agree!

[RainDog]

25. YES WE CAN!!!!!!!!! n/t

[GoCubsGo]

26. It's great to see all this right wing shit falling left and right.

Gay marriage in Oklahoma, voter ID laws quashed in Pennsylvania, this... Here's hoping to see LOTS more like this in the future.

[another_liberal]

33. Don't forget . . .

One of Chris Christie's flunkies is ready to sing.

[hrmjustin]

27. K&R!

[Turbineguy]

28. This is actually bad news.

Now they won't have to vote those clowns out.

[WillyT]

31. K & R !!!

[another_liberal]

32. That is fantastic news.

Great work, your honor.

[freshwest]

35. knr

[malthaussen]

37. Slowly but surely, the courts undo the damage.

Now, if only we have learned from the experience.

-- Mal

[theHandpuppet]

47. i think the courts will give people hope and confidence...

... that they can take back their state from the teabagger coup.

[Liberal_in_LA]

39. excellent

[DeSwiss]

41. The governor says he'll veto this ruling!

Gov. Pat McCrory (R)

- K&R

[DirkGently]

46. Well that's a start. n/t

[Gerhard28]

52. Yay! nt

[Agschmid]

55. Welcome to DU!

[mountain grammy]

58. K & R for judges who sometimes get it right.