August 18, 2009 6:10 PM
- Text
Judge: No Required Ultrasound for Abortion
(AP)
An Oklahoma judge has ruled against a law that required women seeking an abortion to receive an ultrasound and a doctor's description of the fetus.
Oklahoma County District Judge Vicki Robertson granted a permanent injunction against the law Tuesday afternoon, saying it violated constitutional requirements that legislative measures deal only with one subject.
Plaintiffs' attorneys had argued that the law was unconstitutionally vague and that it was not clear what the doctor should tell women undergoing the ultrasound.
The law was passed by lawmakers who overrode Gov. Brad Henry's veto. Henry said it was unconscionable to require victims of rape and incest to undergo the ultrasound.
Previous legal action prevented the law from going into effect last fall.
The bill had several provisions referenced by the judge in determining that it dealt with more than one subject.
Besides requiring an ultrasound and description of the fetus, the law:
- Allows doctors and other health care providers to refuse to take part in an abortion for moral and religious reasons.
- Requires women to sign a consent form before an abortion.
- Mandates that federal guidelines be followed in the use of the abortion pill RU-486.
- Prohibits wrongful-life lawsuits arguing a disabled child would have been better off aborted.
Oklahoma County District Judge Vicki Robertson granted a permanent injunction against the law Tuesday afternoon, saying it violated constitutional requirements that legislative measures deal only with one subject.
Plaintiffs' attorneys had argued that the law was unconstitutionally vague and that it was not clear what the doctor should tell women undergoing the ultrasound.
The law was passed by lawmakers who overrode Gov. Brad Henry's veto. Henry said it was unconscionable to require victims of rape and incest to undergo the ultrasound.
Previous legal action prevented the law from going into effect last fall.
The bill had several provisions referenced by the judge in determining that it dealt with more than one subject.
Besides requiring an ultrasound and description of the fetus, the law:
- Allows doctors and other health care providers to refuse to take part in an abortion for moral and religious reasons.
- Requires women to sign a consent form before an abortion.
- Mandates that federal guidelines be followed in the use of the abortion pill RU-486.
- Prohibits wrongful-life lawsuits arguing a disabled child would have been better off aborted.
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