A federal appeals court issued a ruling today striking down a North Carolina law allowing women a chance to see an ultrasound of their unborn child before an abortion is done.
The U.S. Court of Appeals for the 4th Circuit struck down a North Carolina law requiring a 24-hour waiting period and informed consent of a woman before an abortion is performed. In January 2013, a district court imposed a temporary injunction on the law, claiming that its mandated disclosures about abortion are an unconstitutional imposition of “the state’s philosophic and social position discouraging abortion,” rather than being factually based.
The appeals court, today, agreed and essentially said that showing women an ultrasound before an abortion and giving them information on abortion’s risks and alternatives unconstitutionally has the state of North Carolina taking sides in the abortion debate and making abortion practitioners its spokespeople.
The law, which gives women a chance to see an ultrasound of their unborn baby before considering an abortion, faced a lawsuit from the ACLU and Planned Parenthood. The law also requires the abortion practitioner to allow a woman considering an abortion to hear the heartbeat of her baby and to describe what the ultrasound shows.
A study shows 99% of abortion clinics do ultrasound prior to the abortion to determine the age of the baby beforehand. The question then becomes whether the abortion practitioner will allow women to see the ultrasound beforehand — and most do not.
Alliance Defending Freedom Senior Counsel Steven H. Aden is involved in the case.
“Pro-life laws provide women with crucial information that they wouldn’t otherwise get from abortionists,” said Aden. “The court was wrong to view these reasonable disclosures of fact as merely ideological. This law simply provides women the adequate time and information they need to make such an important decision.”
Written by Steven Ertelt
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