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eridani

(51,907 posts)
Tue Dec 23, 2014, 06:57 AM Dec 2014

In Victory for Women and Free Speech, Court Shuts Down State Ultrasound Law

Let's call this what it is--unwanted penetration is rape, period.

http://www.commondreams.org/news/2014/12/22/victory-women-and-free-speech-court-shuts-down-state-ultrasound-law

North Carolina law that forces physicians to show and describe an ultrasound to patients seeking an abortion is "ideological in intent" and violates doctors' free-speech rights, ruled a federal court on Monday.

"This compelled speech, even though it is a regulation of the medical profession, is ideological in intent and in kind," wrote Fourth U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson in the decision (pdf) striking down the state mandate.

The unanimous ruling by a three-judge panel asserts that the "the state cannot commandeer the doctor-patient relationship to compel a physician to express its preference to the patient" and that the 2011 law is a violation of the First Amendment.

Reproductive rights groups welcomed the news.

"Exam rooms are no place for propaganda and doctors should never be forced to serve as mouthpieces for politicians who wish to shame and demean women," said Nancy Northup, President and CEO of the Center for Reproductive Rights, which along with Planned Parenthood, American Civil Liberties Union, and ACLU of North Carolina Legal Foundation filed suit against the law on behalf of several North Carolina physicians.






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In Victory for Women and Free Speech, Court Shuts Down State Ultrasound Law (Original Post) eridani Dec 2014 OP
Does that create a split? Downwinder Dec 2014 #1
Split? MH1 Dec 2014 #2
Meaning that at least one other Federal Appeals COLGATE4 Dec 2014 #3
and then we are effed. elehhhhna Dec 2014 #5
Quite possible. nt COLGATE4 Dec 2014 #6
Because, you know, "not a dime's worth of difference" and all that. MH1 Dec 2014 #8
Right on! ismnotwasm Dec 2014 #4
Kudos to the judge for not being a RW partisan hack about this. merrily Dec 2014 #7

COLGATE4

(14,732 posts)
3. Meaning that at least one other Federal Appeals
Tue Dec 23, 2014, 09:24 AM
Dec 2014

Court has ruled the measure to be constitutional. In that case it will eventually go to the Supreme Court to determine which of the two conflicting opinions is in fact correct.

MH1

(17,573 posts)
8. Because, you know, "not a dime's worth of difference" and all that.
Tue Dec 23, 2014, 11:29 AM
Dec 2014

Kind of sad to think that women's rights and the environment aren't worth a dime.

merrily

(45,251 posts)
7. Kudos to the judge for not being a RW partisan hack about this.
Tue Dec 23, 2014, 10:59 AM
Dec 2014

(He has been a RW partisan hack on other occasions, but this time, it's the correct result.)

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