Fifth Circuit Denies Request for New Hearing: Comprehensive Texas Ultrasound Law Still Stands
By Kellie Fiedorek
Friday, February 10th, 2012

Today, the Fifth Circuit Court of Appeals stood by its decision to ensure that women have the ability to receive all “truthful, non-misleading” information available to them before choosing an abortion, and denied the Center for Reproductive Rights (CRR)’s request for a new hearing regarding the Texas ultrasound law.

On January 10, 2012, a three-judge panel of the Fifth Circuit Court of Appeals reversed a lower court’s injunction against a newly enacted Texas ultrasound law’s enforcement, and issued a unanimous decision upholding the law.  The Court’s decision to allow the ultrasound law to go into effect ensured that women will receive information on the consequences of abortion to their unborn children, allowing them to make a fully informed decision.

The Center for Reproductive Rights (CRR)—who does not want women to receive complete and accurate information before making this important medical decision—filed a petition on January 24, 2012 for a rehearing en banc, asking that the entire appellate court hear the case.  Today, however, the Court again placed women’s health and safety above abortion advocates who refuse to allow women access to truthful, medical information.  The Court denied CRR’s request for a new hearing, which means that Texas’ ultrasound law will remain in effect.

As the Fifth Circuit noted in its January ruling, the disclosure of the ultrasound, the fetal heartbeat, and accompanying medical descriptions are “the epitome of truthful, non-misleading information.”  It is this critical information that truly advances women’s health and empowers women to make informed decisions.

In January, AUL President and CEO Dr. Charmaine Yoest debated Nancy Keenan of NARAL on Fox News ChannelWatch Dr. Yoest discuss Texas’ important sonogram law and the positive impact this law will have on women.

AUL advised on the Texas ultrasound bill before its passage, and has advised the Texas Solicitor General in his defense of the law before the Fifth Circuit.

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