Skip to comments.North Carolina ultrasound abortion law ruled illegal by judge
Posted on 01/17/2014 10:17:13 PM PST by boatbums
A federal judge on Friday struck down a 2011 North Carolina law requiring abortion providers to perform an ultrasound and explain it to a woman before having an abortion, arguing it violated the constitutional right to free speech of doctors.
U.S. District Judge Catherine Eagles found that a state does not have "the power to compel a health care provider to speak, in his or her own voice, the state's ideological message in favor of carrying a pregnancy to term."
The law "compels a health care provider to act as the state's courier and to disseminate the state's message discouraging abortion, in the provider's own voice, in the middle of a medical procedure, and under circumstances where it would seem the message is the provider's and not the state's," she added in her 42-page ruling.
(Excerpt) Read more at news.yahoo.com ...
Ultrasound allows the mother to HEAR her unborn child's heartbeat as well as to see for herself that it is indeed a beating heart and that there is a human life inside her. The only reason an abortionist would not want her to know this is she just might change her mind and NOT go through with the murder of her child and the "doctor" loses out on the money. Deplorable! How can this judge consider this is in the best interest of women?
What does explaining a medical test in medical and scientific terms to a woman have to do with a state's "ideological" message?
You can bet he never used that line to strike down liberal laws like employer mandates, or Obamacare.,
Since 10th Amendment-ignoring activist justices have infiltrated the courts.
Funny what happens to this free speech of doctors when they want to coach someone out of sexual perversion, however!
It’s a sham, a charade, a farce. I feel that we might as well just laugh at it. Why dignify it with deep, deep logic?
Well it is weird. Will Obamacare be as reticent about giving medical advice? I’m doubting it.
This week has been one judicial outrage after another. From declaring gay marriage a civil right in Oklahoma (overruling something like 76% of Oklahoma voters) and tossing out voter ID laws in Pennsylvania, to thwarting reasonable restrictions on abortion, these leftist/statist judges just don’t quit. Why should they? Congress consistently lets judges do this, because Congress actually LIKES judges who act as super legislators. It absolves Congress of any blame!
These black robed tyrants are going to have to be dealt with. If we are lucky enough to ever regain control of Congress, we are going to have to start impeaching a whole lot of judges. Otherwise, they will simply overrule whatever the new conservative majority in Congress attempts to do.
Judge is an Obama 2010 appointee
Abortion is the only medical procedure a doctor doesn’t have to inform the patient of the details.
Rather shows how uncaring pro-aborts types are toward women.
A relative recently had a colonosccopy and the GI doctor went over every little detail of it prior. And afterwards he was monitored for an hour before leaving. Abortion doctors do the abortion and out the patient goes. No monitoring afterwards.
Isn’t withholding medical information a crime?
There is absolutely no logic to it. Like you wrote. It’s a complete farce—grand comedy. Unfortunately, it’s not very funny. The judges are despots. They are little more than super legislators who make the law up as they go.
I certainly think it would be.
Judge: Knowledge is Bad!
Abortion lovers are afraid that if a woman sees the child they are about to have murdered that they might have a change of heart, that is what they are afraid of
Well, I mean laugh at it, then come at the issue at a different level.
We have folks lost in sin here. It’s going to be a seek and recover mission. Politically there can be some house cleaning, but unless the heart of the nation supports it, it won’t happen.
And here’s where I am even now getting into hot debates with other Christians. I’m making assertions about the fundamental redemptive desire and character of God that are getting panned big time, but nobody can actually disprove it. It’s like folks are counting the balance of gloomy and happy words in the bible and then puzzling out from that what God is like, rather than actually following (1) the story, and (2) the claims, of God.
I think it is treating women shamefully and it is shocking how today's feminists don't care that it is going on. Read some of the early feminists like Elisabeth Cady Stanton, Susan B. Anthony and Lousia May Alcott and what they thought of abortion. They called it "child murder" and something imposed on women by unscrupulous men who wanted to hide their adulteries and escape responsibilities for their children. See feministsforlife.org/. They have the history of these brave women and show that their cause is STILL ongoing.
Do you mean like the “activist justices” who decided that corporations were people, and money was speech; or that eminent domain could be used for corporate interests in addition to community interests like schools and hospitals.
This is one of the most moronic judicial rulings I have ever seen.
Its total crap like this and the fact that the idiot sheep public are unknowing, uncaring or indifferent, about this judicial rule is what is scary and upsetting.
Abortion is the one area of “medicine” in which libs utterly retreat from their “informed consent” principle. They want women to know as little as possible about what they are contemplating.
.S. District Judge Catherine Eagles found that a state does not have “the power to compel a health care provider to speak,
But the Federal Government does??
Do you have a gun in the house?
Do you feel safe in the house?
I call bullshit!
Doctors speak the state’s ideology all the time. One example is only prescribing those drugs which the state decides are legal. When they are prescribed they must be prescribed in the way the state has decided meets the State’s standard of health care. You also have doctors speaking the ideology of the state when the law requires the reporting of certain diseases. Not that I disagree with it but a doctor could be against reporting certain diseases.
The argument is without merit. The doctor is not required to be against abortion he just must present the facts about fetal development as supported by the ultrasound. Evil hates the truth, always has and always will.
You state it very well.
Killing Babies = Choice = Good
Protecting Babies = Informed Choice = Bad
Yep, this Country is doomed.
In today’s world “Money is Speech”, unless you think the Government should fund Political Campaigns.
Nothing “Activist” about it.
As far as your other point about Eminent Domain, you are correct. Property Rights have been attacked for decades.
I agree. I remember back in Florida in the late 80's early 90's the state senate was debating a law called "A Woman's Right to Know Act". It was along the same lines as this NC statute only it didn't have anything about ultrasounds in it. It mandated that a pamphlet be given to a woman and the doctor discussing what the pamphlet said prior to her undergoing an abortion. The pamphlet discussed fetal development, alternatives to abortion and the risks of abortion. Charlie Crist, a Republican at the time, was the lone hold out on that vote and it died. Some of the comments from the democrats had to do with whether or not women already knew all this information and if mandating the doctor discuss the points with them was "treating them like children" (that was an actual comment).
I really do think judges like this one imagine that all women know what they're getting when they seek an abortion so ANY impediment to just getting on with it is seen as illegal. As a former volunteer for many years with a crisis pregnancy center, I can attest that LOTS of women do not truly know the truth about abortion. They think it's just a "blob of tissue" and not a human life. We had an ultrasound machine and a tech in the center and gave free tests to any woman who wanted one. A big percentage decided NOT to go have an abortion and gave the gift of life to their babies. A fetal heartbeat starts at THREE weeks gestation!
I also counseled women who had abortions. The vast majority of them did NOT know the truth either about the development of their child, what happened in their abortion or how it affected them afterward both physically, emotionally and spiritually. Women deserve to know the truth. Judges like this one are allowing the abortion industry to play them every bit as much as the women they service. We MUST stand up together and do whatever we can so that abortion won't have to be made illegal - it will be unthinkable. Education is a big step towards that.
Yep! That is the main reason.
The black-robed tyrants strike again! Hell in a handbasket!
Not if you're having an abortion but you can't even get your ears pierced without full consent.
I agree. As I said in an earlier post, abortion is the one medical area where libs want to restrict information rather than require it. For example, think of all those TV ads for prescription medicines, where they must list all the possible side-effects, no matter how rare those side-effects might be or how uncertain the relationship of the side-effect to the medicine actually is. But with abortion, their attitude is “see no evil, speak no evil, hear no evil.”
Yes, it does!
The thief comes not, but to steal, and to kill, and to destroy. (John 10:10)
This 2010 Obama appointee is using a trendy liberal debating falsehood that has no legal import. Her use of "ideology" in this incendiary fashion demonstrates an absence of judicial temperament. May she be forever overturned.
You are right - there has been a fifty-year effort to obfuscate the nature of the human fetus/embryo, so many women really do not know the basic biological facts concerning their unborn child. They have been told it’s a blob of protoplasm, or something like a fish, or part of their own body, kind of like their appendix, but not the actual facts.
Hey satan... here is another judge for your furnace.
“Judge is an Obama 2010 appointee”
The vote to confirm her in the Senate was unanimous. She is as much a product of the Republicans as she is of the Democrats.
“compels a health care provider to act as the state’s courier and to disseminate the state’s message
Hey, thats what zerocare does...
Anything states do that tries to prevent the murder of pre-born children by their mothers will be struck down by the ungodly federal government. Their paid executioners in black robes will continue this purge of the next generation because 60 million dead babies isn’t enough to satisfy Satan.
Would be interesting to know how the same "judge" would rule on the birth control mandate as opposed by religious entities.....
In the liberal religion of which Obama is the Messiah, murdering unborn babies is the sacrifice to their pagan gods....just as drugs are their holy communion and plastic surgery is their "being born again".
same can be said for Leon Panetta and his Senate conformation vote as DoD Sec.
Since 1994, the N.C. Department of Health and Human Services has required by regulation an ultrasound for any patient who is scheduled for an abortion procedure. Abortion providers use the information primarily to determine how far along the baby is rather than depending on the woman's guess as to when the pregnancy began. They then decide what procedure is used AND how much to charge since the further along the pregnancy is the more money it costs to end it. I find this ruling ludicrous on many levels. The "doctor" (and I use quotes because the person who would intentionally kill an unborn baby doesn't deserve the title) already has an ultrasound done before he/she can proceed. What this law did was allow the mother to see what the doctor sees and be told the gestational age of her baby, the beating heart, and, in many cases, the clearly defined body of that tiny human life (not a blob at all).
The rest of the law, called "The Woman's Right to Know Act", include:
Women must be given extensive information, including material about the medical risks of abortion, the gestational age of the fetus at the time of the operation, whether the surgeon has liability insurance for abortions, the resources available for birth and child care, the abrtion-alternative centers on the state website and told that the father of the child is liable for financial support. The law also states that doctors who violate it can be sued not only by the patient, but by the woman's spouse, parent or sibling. (taken from an article published today in the Charlotte Observer).
I think it is easy to see why the abortion rights advocates deplore laws such as this one as well as those in other states that limit when abortions are done in the term, who may perform them, the health conditions of the "clinics", admitting privileges to hospitals should complications arise and other regulations that actually DO put the best interest of women ahead of profits.
For those who profit mightily from abortions (over $1 BILLION a year industry), the LAST thing they want is an educated woman. In many cases, the pregnant woman is frantic and under duress either by the child's father, her parents, peers or society to not be pregnant. In my years of counseling these women, I have heard some of the saddest most heart-wrenching stories. RARELY is this a woman's choice all on her own. We really DO need to do more to help women make choices that are life-affirming.