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Court orders enforcement of Texas abortion law

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Fri Jan 13, 2012 7:02pm EST

(Reuters) - A federal appeals court on Friday ordered the immediate enforcement of a new Texas abortion law that asks abortion providers to play pregnant women the sounds of the fetal heartbeat.

The law, enacted in 2011, requires abortion providers to perform an ultrasound on pregnant women, show and describe the image to them, and play sounds of the fetal heartbeat. Though women can decline to view images or hear the heartbeat, they must listen to a description of the exam.

On Tuesday, the U.S. Court of Appeals for the 5th Circuit had overturned a federal judge's decision to block the law, ruling that the sonogram requirements do not infringe on abortion providers' free-speech rights.

Then on Thursday, Texas Attorney General Greg Abbott asked the appeals court to make its decision effective immediately, shortening the 22-day waiting period typically required under the court's rules. The appeals court granted the request in a one-sentence order less than a day later.

"There is no justification for Texas to have insisted on the immediate enforcement of this intrusive and demeaning law, nor the court of appeals to have granted it without giving us an opportunity to be heard," said Nancy Northup, president of the Center for Reproductive Rights, which represents a coalition of abortion providers challenging the law.

The Texas Department of State Health Services expected to implement its enforcement plan in the coming weeks, spokeswoman Carrie Williams said. The department was finalizing its notification letters that it will send to abortion facilities and inspectors, Williams said.

While a woman seeking an abortion can decline to view the legally required ultrasound and the heartbeat, she cannot decline to hear the physician's description of it unless she qualifies for an exception due to rape, incest or fetal abnormality.

(Editing by Daniel Trotta)

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Comments (5)
idlespire1 wrote:
It’s always amazing how conservatives want “small government” unless it is a cause they want to force on others.

Jan 13, 2012 9:28pm EST  --  Report as abuse
Loughran wrote:
Another mile paved on the Highway to fascism. Grab your Fallopian tubes and flee Tex-ass before it is too late!

Jan 13, 2012 9:28pm EST  --  Report as abuse
jharasymiw wrote:
Since this is not a medically necessary procedure and health insurance would not cover it. Who pays for this procedure and the doctors time. More to the point Texas has lousy insurance coverage and a high rate of poverty. Does this mean if a woman cannot afford this extra procedure that it is defacto denial of a legal medical procedure?
Jim

Jan 14, 2012 10:07am EST  --  Report as abuse
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