Jan 13 (Reuters) - A federal appeals court on Friday
ordered the immediate enforcement of a new Texas abortion law
that requires abortion providers to show and describe ultrasound
images to pregnant women and play them sounds of the fetal
heart.
A three-judge panel of the U.S. Court of Appeals for the 5th
Circuit granted Texas officials' request to expedite
implementation of the law. Three days earlier, the same panel
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 the coalition of
abortion providers challenging the law.
Texas AG Abbott argued that the three-week waiting period
would give challengers an incentive to ask the appeals court for
a rehearing before a larger panel of judges, which could have
delayed the law's enforcement for up to months.
"This court has already determined that the district court's
preliminary injunction order... violates the state's
constitutional prerogatives to regulate abortion," Abbott said
in the state's court filing.
Carrie Williams, a spokeswoman for the Texas Department of
State Health Services, said the agency hoped to implement its
enforcement plan in the coming weeks. She said the department
was finalizing its notification letters that it will send to
abortion facilities and inspectors.
The Texas law, enacted in September 2011, requires abortion
providers to display the ultrasound images and describe them in
detail. While a woman seeking an abortion can decline to view
the legally required ultrasound, she cannot decline to hear the
physician's description of it unless she qualifies for an
exception due to rape, incest or fetal abnormality.
The district court is scheduled to hear arguments on the
constitutionality of the law next week on Jan. 20.
The case is Texas Medical Providers Performing Abortion
Services et al v. David Lakey et al, U.S. Court of Appeals for
the 5th Circuit, No. 11-50814.
For the Texas Medical Providers Performing Abortion Services
et al: Julie Rikelman of the Center for Reproductive Rights.
For the Texas defendants: Jonathan Mitchell of the Office of
the Solicitor General.
(Reporting by Terry Baynes)
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