Texas Allowed to Enforce Abortion Law

(AUSTIN, Texas) — A Texas abortion law passed last year that requires doctors to show sonograms to patients can be enforced while opponents challenge the measure in court, a federal appeals court said Tuesday in a ruling that signaled the judges believe the law is constitutional.

When the state would begin enforcing the law was not immediately clear. A spokesman for the attorney general's office said the matter was under review. The group that brought the case, the Center for Reproductive Rights, is weighing how to continue fighting the law and has 14 days to ask for a rehearing of the case. (The Page: Perry Undergoes Abortion "Transformation")

The three-judge panel of the 5th U.S. Circuit Court of Appeals overturned a temporary order against enforcing the law and then went further to advise U.S. District Judge Sam Sparks how he should ultimately rule in the case. Chief Judge Edith H. Jones used her opinion to systematically dismantle the argument that the Texas law infringes on the free speech rights of doctors and patients, the key argument against the law. "The required disclosures of a sonogram, the fetal heartbeat, and their medical descriptions are the epitome of truthful, non-misleading information," Jones wrote. "The appellees failed to demonstrate constitutional flaws" with the law.

Sparks had ruled in August that several provisions of the state law violated the free-speech rights of doctors who perform abortions by requiring that they show and describe the sonogram images and describe the fetal heartbeat, all of which doctors have said is not necessary for good treatment.

Nancy Northup, president of the Center for Reproductive Rights, called the appeals court opinion extreme and out of line with past court decisions. "This law, and this decision, inserts government directly into a private decision that must be protected from the intrusion of political ideologues," Northrup said. "Anyone concerned with the erosion of the constitutional protection of our individual rights as Americans should be profoundly concerned and disappointed by today's events."

Gov. Rick Perry, on the presidential campaign trail in South Carolina, praised the court's decision. "Today's ruling is a victory for all who stand in defense of life," Perry said. "Every life lost to abortion is a tragedy, and this important sonogram legislation ensures that every Texas woman seeking an abortion has all the facts about the life she is carrying, and understands the devastating impact of such a life-ending decision."

The author of the bill, state Sen. Dan Patrick, said he felt confident the appeals court would uphold the law. "I am extremely gratified that the sonogram bill will finally take effect," the Houston Republican said. "I have worked to pass this bill for five years and I am grateful to the Fifth Circuit for their rapid action on this important issue."

(See TIME's covers on abortion.)