Oklahoma Mandatory Ultrasound Law Is Ruled Unconstitutional

An Oklahoma state judge on Wednesday permanently blocked enforcement of a law that would have required doctors to give a woman an ultrasound and describe the fetus to her in detail before performing an abortion. The ultrasound law, which the Oklahoma Legislature passed in April 2010, had been temporary blocked since the Center for Reproductive Rights filed a lawsuit against it the following month.

The Oklahoma County district court judge found the law unconstitutional, agreeing with the plaintiffs' arguments that it violates medical ethics by forcing doctors to perform medically unnecessary procedures and discounting women's ability to make personal health decisions without the government's interference.

"The court has resoundingly affirmed what should not be a matter of controversy at all -- that women have both a fundamental right to make their own choices about their reproductive health, and that government has no place in their decisions," said Nancy Northup, president and CEO of the Center for Reproductive Rights, in a statement.

A similar mandatory ultrasound law in Texas was upheld by a federal appeals court in January. Chief Judge Edith Jones of the U.S. Court of Appeals for the 5th Circuit wrote that the "required disclosures of a sonogram, the fetal heartbeat, and their medical descriptions are the epitome of truthful, non-misleading information."

But North Carolina's ultrasound law has been enjoined since October 2011, and Idaho lawmakers dropped their version of the bill on Wednesday because it was so heavily embroiled in controversy.

"Today's decision adds to the growing momentum of a nationwide backlash against the overreaching of lawmakers hostile to women, their doctors, and their rights," Northup said.

Comments

[af0998]

09:07 AM on 04/23/2012

Is the ultrasound supposed to help the doctor during the abortion? If so I understand. I don't think they are trying to convince you to keep the baby, that makes no sense. It does make sense that you need time to make the decision, maybe a one week requirement to discuss and contemplate the pros and cons. For example when I wanted to start accutane I had to take home a booklet and read it and then in exactly one month go back to my dermatologist to discuss taking the medication and its benefits and risks.

[cullen135]

03:31 PM on 04/15/2012

Ok, so the state makes me look at my baby that i don't want and they force me into looking at what i'm about to kill..... how does that make sense? It's unfair, unjust, and cruel. In my opinion, women should be able to do what they want to do with THEIR (keyword- their) babies. No one can tell them what to do.

[Carmen DA]

09:18 PM on 03/29/2012

so if i go into the doctor and tell him i don't really like my legs and I want him to chop them off do you think he will do it? nope. he might lose his license...that would be harmful and medically unnecessary. he took and oath to "do no harm"

so i would probably also be admitted in to the psych ward and not let out for a long time and force fed meds and such, am i right? yes...

so I go into the doc and say he doc I don't want this fetus and I want you to chop it into little tiny pieces and throw it in the trash please....will he do it? even tho I risk hemoragging to death? SURE!!!

food for thought there folks,

[momoluvsu]

10:10 PM on 03/29/2012

Manipulative argument. As far as your long time on a psych ward.......where are you posting from now?

[Annie6110]

10:21 PM on 03/29/2012

You're comparing apples and oranges, or in this case, legs and fertilized eggs.

There is little risk of hemorrhage associated with abortion. Unless of course you go to a back alley and let someone at you with a coathanger.

The comparative safety of pregnancy outcomes has clinical and public health importance. Using national statistics for 1991 to 1999, estimated the risk of maternal death associated with various outcomes:
Abortion (legal and spontaneous) was associated with the lowest risk
Live birth intermediate risk
Ectopic pregnancy and fetal death the highest risk

That is from the Mayo Clinic. Another little tidbit from them: "During a medical abortion, a woman takes oral medications — such as mifepristone (Mifeprex) — in early pregnancy to abort the fetus. During a surgical abortion, the fetus is removed from the uterus — typically with a vacuum device, a syringe or a spoon-shaped instrument with a sharp edge (curette) — as an outpatient surgical procedure. Rarely, a surgical abortion can damage the cervix or uterus. In such cases, surgery might be needed to correct the damage before a woman can conceive again."

You can now rest easily, knowing that the horrors you imagined about abortion are false. There are no sinister doctors wielding gigantic knives, cutting Gerber babies into pieces and throwing them gleefully into the trash.

[Carmen DA]

10:01 AM on 03/30/2012

I had an abortion and hemmoraged when I was 22. I had undiagnosed blood clotting disorder and almost died.

my analogy makes perfect sense.

no surgery is safe. i took the pills. I can't imagine the surgery being much better,

[JeanVA]

08:57 PM on 03/29/2012

But Texas courts upheld it.

How will this play out? Will the feds have to get involved if some states say this crap is OK - and others hold it unconstitutional?

Or can states in the same country really have such conflicting laws? Guess the same question could be applied to same-sex marriage.

Maybe we WILL have to split into two countries! (Or more?)

[markin2500]

08:35 PM on 03/29/2012

No matter what youmay think about Oklahoma, the law school at OU is outstanding and it produces outstanding lawyers and judges.

My first job out of law school was in DC at the (then) US Department of Justice. The lawyers there were from the best law schools in the country. None were beter prepared than the lawyers from OU. And that, my friends, is the truth.

[nonethewyzzer]

07:29 PM on 03/29/2012

.... I wonder if they've filed their appeal yet.

[Jamie Haman]

06:53 PM on 03/29/2012

Vote please. Remember the party of smaller government for Corporations, Churches, and Men believes Women aren't capable of making their own decisions themselves with their own doctors.

[JLSR]

06:51 PM on 03/29/2012

This passed in FL over a year ago, with nary a whimper or challenge to Constitutionality. I hope someone in FL WILL, now, stand up and challenge this heinous, obstructive law here.

[JeanVA]

09:00 PM on 03/29/2012

Florida is weird.

Why would anyone want to move there?

(OK - I'd like it better if it wasn't so hot.)

[JLSR]

05:55 AM on 03/31/2012

It started out relatively normal when we moved here. That was in 1991--it's been downhill ever since (especially, since the Right wing has gotten so extreme!).

[JLSR]

09:36 PM on 04/02/2012

FL is definitely weird and very backwards.

[revr]

04:57 PM on 03/29/2012

You mean they couldn't find 'mandatory ultrasound' in the Constitution? Whodda thunk-it?
This is great news, and between Texas and Oklahoma this issue is apparently on it's way to the Supreme Court. I wonder what Scalia will say?

[JeanVA]

09:03 PM on 03/29/2012

Is it? On the way to SCOTUS, I mean?

If state laws can't be in conflict, what exactly are 'States' Rights'?

(I'm confused.)

[revr]

01:06 PM on 03/30/2012

I used the word, apparently on purpose. It is my opinion. Usually when states conflict, the highest court decides.

[tucacas]

04:03 PM on 03/29/2012

Notice: All republican male applicants for the advertised position of Vagina manager, in the State of Oklahoma, please be advised that the interview that had been scheduled has been postponed until further notice. We will reschedule after the November elections.

[edwena1]

03:43 PM on 03/29/2012

Women unite!! We must not be apathetic when it comes to voting. If you believe your body is your domain, then you MUST vote AGAINST politicians who feel they have the right to tell you what to do with it. It is not the government's right, my next-door neighbors' right, my mother's right, nor my enemy's right to tell me what I can and cannot do with my body. For those Christians who say, "It's murder, therefore, it is a sin." Well when I meet my maker it will be between GOD and ME and no one else!!! If God treats it as a sin, then I will have to pay the price for it -- not my government, my next-door neighbor, my mother, nor my enemy -- I will be the one to be in Hell forever, so MIND YOUR OWN BUSINESS!!!!!

[JeanVA]

09:04 PM on 03/29/2012

I love it!

[pfreddie88]

03:33 PM on 03/29/2012

What's sad is that it had to make it all the way to the state supreme court to be overturned, rather than having that realized by the OK legistlature and the OK govenor in the first place.

Thanks for wasting our time, guys. How's that job stuff going?

[ruthtruth]

03:29 PM on 03/29/2012

BAM !!! Another TP/GOP agenda law bites the dust. Yeah, Good going judge. Ok which one's next? So many to choose from. Let's do it and let's get these people out before they can think of any more. Obama and Dems in 2012

[apmarina]

03:15 PM on 03/29/2012

The way to end all this nonsense is for the Democrats to start proposing laws to require all these extra medical procedures and to outlaw contraception. Then, the Republicans will vote against them by claiming a govt takeover of healthcare.

[JeanVA]

09:08 PM on 03/29/2012

Brilliant.

That has sure been the way it's worked since Obama became president.

[Wbischo]

01:56 PM on 03/29/2012

If the states pass this ultrasound law, it opens the door for a person's right to privacy about medical care to be compromised.